State ex rel. Board of Education v. Haben
Wisconsin Supreme Court
APPEAL from the -Circuit Court for Winnebago County. The alternative mandamus issued on the relation of the board of education of the city of Oshkosh, stated that said board, besides having general power to build schoolhouses in said city and to cause such sums of money to be levied annually as they might deem necessary for defraying the expenses of the public schools in said city, were authorized by chap. 236, Local Laws of 1866, to raise by special tax such sums of money…
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APPEAL from the -Circuit Court for Winnebago County. The alternative mandamus issued on the relation of the board of education of the city of Oshkosh, stated that said board, besides having general power to build schoolhouses in said city and to cause such sums of money to be levied annually as they might deem necessary for defraying the expenses of the public schools in said city, were authorized by chap. 236, Local Laws of 1866, to raise by special tax such sums of money as they might deem necessary, not exceeding the sum of $15,000, to be used for the erection of a suitable building for a…
1Opinion of the Court
DixoN, O. J.
This case presents two questions, which may be stated thus: 1. Was tbe defendant justified in refusing payment of tbe orders set forth in the alternative writ ? 2. If be was not, are tbe relators tbe proper parties to apply to tbe court for a writ of mandamus to compel him to pay them ?
Tbe answer to tbe first question depends on tbe validity of so much of section 1, chap. 348, Private and Local Laws of 1867, as sets apart and retains in tbe treasury of tbe city of Oshkosh, or attempts so to do, tbe sum of ten thousand dollars out of tbe tax levied in tbe year 1866 under the…
2Cases cited1 opinion
- Town of Milwaukee v. City of MilwaukeeWisconsin Supreme Court · 1860
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- State ex rel. Bell v. CummingsTennessee Supreme Court · 1914
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