Marvin v. Town of Jacobs
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. Action upon the several town orders, payment of which bad been, refused. Each of said orders was in form like the following: “ $10.00 Eoad Okdee. No. 302. “ (Hidden, Ashland Co., Wis., July 20, 1889. “ To the Treasurer of the, Town of Taoobs: Pay to II. Xal-vring or bearer, the sum of ten dollars out of any moneys in the road fund not otherwise appropriated, being for inspecting road. O. W. Kline, Chairman.
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APPEAL from the Circuit Court for Ashland County. Action upon the several town orders, payment of which bad been, refused. Each of said orders was in form like the following: “ $10.00 Eoad Okdee. No. 302. “ (Hidden, Ashland Co., Wis., July 20, 1889. “ To the Treasurer of the, Town of Taoobs: Pay to II. Xal-vring or bearer, the sum of ten dollars out of any moneys in the road fund not otherwise appropriated, being for inspecting road. O. W. Kline, Chairman. “ Countersigned: P. J. ScalloN, Clerk.” The defendant appeals from an order overruling a general demurrer to the complaint.
1Opinion of the CourtCole, C. J.
This is a suit against the town upon town orders. The objection to the complaint is that the orders are drawn upon a particular fund, — that is, the road fund,— and that it does not appear that there was any money belonging to that hind to pay them. The orders must be deemed payable out of the general fund of the town. We do not understand that there is any provision of law which authorizes the town officers to establish a separate road fund. The orders, therefore, were payable out of the general fund of the town. The fact that the orders stated that they were payable out of the road fund not…
2Cases cited1 opinion
- Kimball v. SpicerWisconsin Supreme Court · 1860
3Cited by2 opinions
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