Schneider v. City of Menasha
Wisconsin Supreme Court
Appeal from an order of the circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. Taxpayer’s action to restrain defendant city and its officers from consummating a contract to purchase a tract of land just outside the corporate limits of the city, from which to obtain stone for manufacturing crushed rock for city purposes.
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Appeal from an order of the circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. Taxpayer’s action to restrain defendant city and its officers from consummating a contract to purchase a tract of land just outside the corporate limits of the city, from which to obtain stone for manufacturing crushed rock for city purposes. The complaint contained all the necessary allegations to raise the question of whether the city possessed power to do the act sought to be prevented. The defendant city answered that the purpose of purchasing the land was to obtain a supply of crushed rock for…
1Opinion of the CourtMarshall, J.
Respondents urge in support of the order appealed from the doctrine that, respecting an executed contract, only the state can invoke the doctrine of ultra vires to challenge the right of a corporation to exercise power beyond the scope of its charter. That doctrine is applied quite generally to private corporations. It is not, however, to public corporations. The numerous cases decided by this court, establishing the right of taxpayers to intervene to prevent the *301unlawful disposition of public money or to compel its restoration, clearly indicates that. Webster v. Douglas Co. 102 Wis. 181, 77…
2Cases cited13 opinions
- Matter Appl'n Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
- Northern Trust Co. v. SnyderWisconsin Supreme Court · 1902
- The People Ex Rel. Murphy v. . KellyNew York Court of Appeals · 1879
- Webster v. Douglas CountyWisconsin Supreme Court · 1899
- City of Coldwater v. TuckerMichigan Supreme Court · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Green v. City of Mt. PleasantSupreme Court of Iowa · 1964
- Eau Claire Dells Improvement Co. v. City of Eau ClaireWisconsin Supreme Court · 1920
- City & County of San Francisco v. McGovernCalifornia Court of Appeal · 1915
- Connor v. City of MarshfieldWisconsin Supreme Court · 1906
- Canaan v. Enfield Village Fire DistrictSupreme Court of New Hampshire · 1908
16 more not listed; retrieve them via the Exa API.