Waupaca County v. Town of Matteson
Wisconsin Supreme Court
APPEAL from, tbe Circuit Court for 17ompaca County. Tbe case is sufficiently stated in tbe opinion. From an order overruling its demurrer to tbe complaint tbe town appeals. To tbe point that mandamus was not the proper remedy in this case, because that lies only where there is a clear legal right, and no other remedy to enforce it, while here the right is disputed, they cited Moody v. Fleming, 48 Am.
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APPEAL from, tbe Circuit Court for 17ompaca County. Tbe case is sufficiently stated in tbe opinion. From an order overruling its demurrer to tbe complaint tbe town appeals. To tbe point that mandamus was not the proper remedy in this case, because that lies only where there is a clear legal right, and no other remedy to enforce it, while here the right is disputed, they cited Moody v. Fleming, 48 Am. Dec. 210; People v. Olds, 58 id. 398; Asylum v. Ba/nk, 10 id. 112; Justices v. Melendy, 21 id. 604; Arberry v. Beavers, 55 id. 191; Loomis v. Rogers, 53 Mich. 135; 5 Wait’s Pr. 569; High, Ex.…
1Opinion of the CourtOrton, J.
This is an appeal from an order overruling the demurrer to the complaint. The case is, in short, as follows:' The town is in the county, and in the town there was a bridge across the Embaras river, impassable and unfit for use. The county requested the town to repair it, and the town refused. Thereupon an appeal was duly taken to the county board, according to sec. 1338, R. S. The county board caused the bridge to be rebuilt, at an expense of $737, which was audited and allowed, and added to the next county tax apportioned to said town by the county clerk, and said clerk directed the clerk of…
2Cases cited5 opinions
- Little v. City of MadisonWisconsin Supreme Court · 1880
- State ex rel. Bushnell v. GatesWisconsin Supreme Court · 1867
- State ex rel. Van Vliet v. WilsonWisconsin Supreme Court · 1864
- State ex rel. Lord v. Board of SupervisorWisconsin Supreme Court · 1850
- School District No. 2 v. School District No. 1Wisconsin Supreme Court · 1854
3Cited by2 opinions
- State ex rel. C. Reiss Coal Co. v. BornWisconsin Supreme Court · 1897
- County of Beltrami v. County of ClearwaterSupreme Court of Minnesota · 1910