Kleimenhagen v. Dixon
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Columbia ■county: E. Kay Stevews, Circuit Judge. The plaintiffs bring tbis action as taxpayers of tbe village, for themselves and all others similarly situated, to declare the proceedings of the village board void, and to restrain the board and village officers from taking any further steps in laying a proposed drain -which the village board had ordered and directed to be laid in an alley and streets of the village for the…
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Appeal from a judgment of the circuit court for Columbia ■county: E. Kay Stevews, Circuit Judge. The plaintiffs bring tbis action as taxpayers of tbe village, for themselves and all others similarly situated, to declare the proceedings of the village board void, and to restrain the board and village officers from taking any further steps in laying a proposed drain -which the village board had ordered and directed to be laid in an alley and streets of the village for the alleged purpose of removing the surface water and improving the streets for public use and travel, and from paying any…
1Opinion of the Court
Siebegkee, T.
Error is assigned upon the action of the court in allowing plaintiffs to amend their complaint after the testimony had closed and the issues raised by the pleadings had been fully litigated. The proposed amendment was to the effect that the proceedings of the village board in authorizing the drain were void because the meetings were not called as required by the statutes. It is urged that the amendment was improperly allowed because the complaint alleged that *530the improvement had been authorized at meetings of the village board, which the answer admitted, and that it should…
2Cases cited12 opinions
- Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- McNolty v. Board of School DirectorsWisconsin Supreme Court · 1899
- Hansen v. AllenWisconsin Supreme Court · 1903
- Sweet v. MitchellWisconsin Supreme Court · 1862
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Jack v. TorrantSupreme Court of Connecticut · 1950
- Bieri v. FongerWisconsin Supreme Court · 1909
- Klaus v. KlausWisconsin Supreme Court · 1916
- Green v. BesteNorth Dakota Supreme Court · 1956
- Town of Nasewaupee v. City of Sturgeon BayWisconsin Supreme Court · 1977
5 more not listed; retrieve them via the Exa API.