State ex rel. Trustees of the La Crosse Public Library v. Bentley
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: E. C. Higbee, Circuit Judge. The Trustees of The La Grosse Public Library petitioned the circuit court for a peremptory writ of mandamus to compel the defendants to pay over to the petitioners the sum of $6,000 which had been levied and collected as a special library tax and by resolution of the common council of the city appropriated to the petitioners as trustees of the library.
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Appeal from a judgment of the circuit court for La Crosse county: E. C. Higbee, Circuit Judge. The Trustees of The La Grosse Public Library petitioned the circuit court for a peremptory writ of mandamus to compel the defendants to pay over to the petitioners the sum of $6,000 which had been levied and collected as a special library tax and by resolution of the common council of the city appropriated to the petitioners as trustees of the library. The petition states the following facts: “The La Crosse Public Library” is a corporation duly incorporated under the laws of the state of Wisconsin;…
1Opinion of the CourtSiebeckee, J.
The record shows that the defendants, as city officers, entertain a friendly attitude for the success of “The La Crosse Public Library,” but refuse to take the necessary steps to pay the $6,000 involved in this litigation to the trustees of the library on the ground that the levy and collection of this sum as a library fund tax and its appropriation by the common council of the city to support “The La *635Crosse Public Library” is without authority in law, and hence the action of the common council in raising this fund and so appropriating it is invalid and confers no right on the defendants to…
2Cases cited7 opinions
- Attorney General v. City of Eau ClaireWisconsin Supreme Court · 1875
- Wisconsin Industrial School for Girls v. Clark CountyWisconsin Supreme Court · 1899
- Brodhead v. City of MilwaukeeWisconsin Supreme Court · 1865
- Curtis's Adm'r v. WhippleWisconsin Supreme Court · 1869
- State ex rel. City of New Richmond v. DavidsonWisconsin Supreme Court · 1902
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3Cited by9 opinions
- Thomas v. Daughters of Utah PioneersUtah Supreme Court · 1948
- State Ex Rel. Thomson v. GiesselWisconsin Supreme Court · 1953
- Johnson v. Mayor of BaltimoreCourt of Appeals of Maryland · 1930
- Joseph Mann Library Ass'n v. City of Two RiversWisconsin Supreme Court · 1956
- Rehfuss v. City of La CrosseWisconsin Supreme Court · 1942
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