Town of Winneconne v. Village of Winneconne
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. This action is in all respects upon the same cause as that attempted to be commenced against the village of Winne-conne before the same had any existence as a legal corporation, which was considered and disposed of adversely on plea in abatement in the case reported in 111 Wis. 10, 86 N. W. 689, decided June 20, 1901. This action was commenced January 14, 1902; differing from…
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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. This action is in all respects upon the same cause as that attempted to be commenced against the village of Winne-conne before the same had any existence as a legal corporation, which was considered and disposed of adversely on plea in abatement in the case reported in 111 Wis. 10, 86 N. W. 689, decided June 20, 1901. This action was commenced January 14, 1902; differing from the former only in alleging the attempted organization of the village in 1887 under ch. 40, R. S. 1878, and the legal…
1Opinion of the CourtDodge, J.
Inasmuch as respondent’s counsel found much of their argument in support of the defense of the statute of limitations upon the retrospective language of the so-called curative act of 1897 (ch. 5), it seems necessary to recur preliminarily to the decision of this court in Winneconne v. Winneconne, 111 Wis. 13, 86 N. W. 590, and to point out that so far as such act attempted to cure the invalid incorporation of the village of Winneconne, or to give original validity or vitality to attempted corporate acts, it was held to exceed the constitutional powers of the legislature. In deference,…
2Cases cited10 opinions
- State ex rel. Davis & Starr Lumber Co. v. PorsWisconsin Supreme Court · 1900
- Seamans v. CarterWisconsin Supreme Court · 1862
- Finney v. AckermanWisconsin Supreme Court · 1866
- Richland County v. Village of Richland CenterWisconsin Supreme Court · 1884
- Vanderpool v. La Crosse & Milwaukee RailroadWisconsin Supreme Court · 1878
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3Cited by1 opinion
- Village of Niagara v. Town of NiagaraWisconsin Supreme Court · 1932