Legal Opinion

Town of Humboldt v. Schoen

Wisconsin Supreme Court

Decided January 7, 1919PublishedCited by 9 opinions

Appeal from a judgment of the circuit court for Brown county: Henry Graass, Circuit Judge. This action was brought by the town to recover the sum of $1,214, with interest and costs and disbursements, for sums alleged to have been illegally expended by the defendants as town officers.

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Appeal from a judgment of the circuit court for Brown county: Henry Graass, Circuit Judge. This action was brought by the town to recover the sum of $1,214, with interest and costs and disbursements, for sums alleged to have been illegally expended by the defendants as town officers. The complaint alleges that Louis Schoen, Eugene Panure, and John Pigeon were supervisors of the town of Humboldt and that Fred Clabots and Joseph Baumgart were respectively clerk and treasurer; that at the annual meeting of the town held April 6, 1915, the following resolution was adopted by the electors of the…

1Opinion of the CourtSiebecker, J.

On the former appeal of the case to this court (165 Wis. 541, 163 N. W. 177) it was determined that the resolution adopted by the electors at the annual town meeting in April, 1915, was not a proceeding under ch. 54, Stats., relating to' town drains; that the only authority conferred on the town to establish, maintain, and pay for a drainage system is that provided for in ch. 54, Stats., and that sec. 776 does not confer such authority nor authorize the expenditure of town money for a drainage system. The facts of the case as established at the trial sustain the complaint so far as the…

2Cases cited9 opinions

  1. Bakula v. SchwabWisconsin Supreme Court · 1918
  2. Menasha Wooden Ware Co. v. Town of WinterWisconsin Supreme Court · 1915
  3. McGowan v. PaulWisconsin Supreme Court · 1910
  4. City of Milwaukee v. ReiffWisconsin Supreme Court · 1914
  5. Town of Washburn v. LeeWisconsin Supreme Court · 1906

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Fisher v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1920
  2. Conway v. City of Kenosha, WisconsinDistrict Court, E.D. Wisconsin · 1975
  3. Municipality of Rio Piedras v. Serra, Garabis & Co.Court of Appeals for the First Circuit · 1932
  4. Murphy v. PaullWisconsin Supreme Court · 1927
  5. City of Williston v. LudoweseNorth Dakota Supreme Court · 1926

4 more not listed; retrieve them via the Exa API.

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