Legal Opinion

Town of Fifield v. Sweeney

Wisconsin Supreme Court

Decided February 3, 1885PublishedCited by 6 opinions

APPEAL from the Circuit Court for Price County. The complaint alleges in substance: 1. That the plaintiff is a duly organized town, etc. 2. That the defendant furnished four teams which were employed upon the highways, in the plaintiff town under a contract with the town board by which he was to receive $3 per day for each team so employed; that such teams worked in the aggregate 232 days; that the defendant falsely and fraudulently represented, by false statements of…

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APPEAL from the Circuit Court for Price County. The complaint alleges in substance: 1. That the plaintiff is a duly organized town, etc. 2. That the defendant furnished four teams which were employed upon the highways, in the plaintiff town under a contract with the town board by which he was to receive $3 per day for each team so employed; that such teams worked in the aggregate 232 days; that the defendant falsely and fraudulently represented, by false statements of account and bills rendered, that his said teams had worked in the aggregate 265 days; that he knew such statements to be false…

1Opinion of the CourtOetou, J.

This is an appeal from an order overruling a demurrer to the complaint, which stated, as causes, (1) that the complaint “ does not state facts sufficient to constitute a cause of action,” and (2) “ that several causes of action Rre improperly united therein.”

There are, substantially, three counts' in the complaint. The first is the overpayment of $99 upon a false and fraudulent account for the work of the defendant’s teams upon the highways of the town; the second is the overpayment of $397.50 upon a false and fraudulent account for the work of the defendant’s employees upon said highways;…

2Cases cited1 opinion

  1. Grannis v. HookerWisconsin Supreme Court · 1871

3Cited by6 opinions

  1. Western Assurance Co. v. TowleWisconsin Supreme Court · 1886
  2. Barndt v. FrederickWisconsin Supreme Court · 1890
  3. Lane v. FrawleyWisconsin Supreme Court · 1899
  4. Van Oss v. SynonWisconsin Supreme Court · 1893
  5. Littlejohn v. Regents of the University of WisconsinWisconsin Supreme Court · 1888

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