Legal Opinion

Kane v. School District

Wisconsin Supreme Court

Decided June 4, 1881PublishedCited by 13 opinions

APPEAL from tbe Circuit Court for Taylor County. This case is stated by Mi’. J us tice Tatloe: “This action was commenced by the plaintiff to recover a balance claimed to be due upon two school-district orders which are set out in the complaint.

Read the full summary

APPEAL from tbe Circuit Court for Taylor County. This case is stated by Mi’. J us tice Tatloe: “This action was commenced by the plaintiff to recover a balance claimed to be due upon two school-district orders which are set out in the complaint. The complaint is in substance as follows: It alleges that the defendant is indebted to the plaintiff upon two certain school-district orders, one bearing date November 18, 1875, for the sum of §245.63, payable on or before the first day of January, 1877, with interest at the rate of ten per cent, per annum, payable to Hadley Bros. & Kane, duly issued…

1Opinion of the CourtTaylor, J.

Treating the action as simply founded upon the alleged school-district orders, there can be no doubt as to the correctness of the judgment of the court below. There is no law which authorized the district board to issue such orders, or to bind the district by their provisions. The only authority we can find which authorizes the clerk of a school district to bind the district or authorize the payment by the treasurer, with the funds of the district, of orders drawn by *505such clerk and director, is section 32, cb. 155, Laws of 1863 (Tay. Stats., 550, § 34), and section 40, cb. 155, Laws of 1863,…

2Cited by13 opinions

  1. Webster v. Douglas CountyWisconsin Supreme Court · 1899
  2. Balch v. BeachWisconsin Supreme Court · 1903
  3. McGillivray v. Joint School District No. 1Wisconsin Supreme Court · 1901
  4. Currie v. School-District No. 26Supreme Court of Minnesota · 1886
  5. Capital Bank v. School District No. 53North Dakota Supreme Court · 1890

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API