Legal Opinion

Ashland Water Co. v. Ashland County

Wisconsin Supreme Court

Decided February 23, 1894PublishedCited by 8 opinions

APPEAL from the Circuit Court for Ashland County. The action is for one year’s supply of water, furnished by the plaintiff to the defendant for the use of its court house and county offices therein. On the 18th day of April, 1881, the town board of supervisors of the town of Ashland enacted an ordinance whereby it granted to the plaintiff a license or franchise to supply the then unincorporated village of Ashland with water.

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APPEAL from the Circuit Court for Ashland County. The action is for one year’s supply of water, furnished by the plaintiff to the defendant for the use of its court house and county offices therein. On the 18th day of April, 1881, the town board of supervisors of the town of Ashland enacted an ordinance whereby it granted to the plaintiff a license or franchise to supply the then unincorporated village of Ashland with water. In this ordinance it was provided that “ the city shall also have water, free of charge, for the fire department buildings and town and county halls and offices occupied…

1Opinion of the CourtNewman, J.

The question is whether the right of the county of Ashland to be supplied with water for its court house and the offices therein, free of charge, survived the enactment of the ordinance of September 22, 1884.

It is, no doubt, a well settled rule in the construction of statutes that, where a statute provides that a certain former statute “is hereby amended so as to read as follows,” any provision of such former statute which is not found in the new statute is repealed. State v. Ingersoll, 17 Wis. 631; Goodno v. Oshkosh, 31 Wis. 127; Sydnor v. Palmer, 32 Wis. 406; State ex rel. Terry v. Keaough,…

2Cases cited4 opinions

  1. Goodno v. City of OshkoshWisconsin Supreme Court · 1872
  2. State v. IngersollWisconsin Supreme Court · 1864
  3. State ex rel. Terry v. KeaoughWisconsin Supreme Court · 1887
  4. Sydnor v. PalmerWisconsin Supreme Court · 1873

3Cited by8 opinions

  1. County of Columbia v. BylewskiWisconsin Supreme Court · 1980
  2. City of Madison v. Madison Professional Police Officers Ass'nWisconsin Supreme Court · 1988
  3. State Ex Rel. B'nai B'rith Foundation of the United States v. Walworth County Board of AdjustmentWisconsin Supreme Court · 1973
  4. State ex rel. Board of Regents of Normal Schools v. DonaldWisconsin Supreme Court · 1916
  5. County of Sauk v. TragerCourt of Appeals of Wisconsin · 1983

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