State ex rel. Sisson v. Kalk

The defendant, as city clerk, contends that there was no proper appeal taken by the petitioners from the assessment of benefits and damages and therefore no duty on him to transmit the record to the clerk of the circuit court there to permit of a disposition of the matter.

It is contended in that regard that Demand, who signed the admission of service and with whom the notice of appeal and bond was left, was neither a de facto nor a de jure officer of the city and that his signature or acts could not bind the city.

By sec. 62.09 (2) (a), Stats., it is provided that no person shall be eligible…