Dullanty v. Town of Vaughn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. Action for the value of labor performed and materials furnished in the construction of two cisterns for the defendant town. The answer was, substantially, a general denial. The principal facts are stated in the opinion.
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APPEAL from the Circuit Court for Ashland County. Action for the value of labor performed and materials furnished in the construction of two cisterns for the defendant town. The answer was, substantially, a general denial. The principal facts are stated in the opinion. The resolution therein referred to was as follows “ It is hereby resolved by the qualified electors of the town of Vaughn, Ashland county, Wisconsin, duly assembled at a special town meeting held this 30th day of July, 1881, that all powers relating to villages and conferred upon village boards by the provisions of ch. 40, B.…
1Opinion of the CourtOexoN, J.
The unincorporated village of Hurley is in the town of Vaughn, and contains more than 1,000 inhabitants. It seems that the said respondent town, in the summer of 1886, organized a fire department and adopted a system of water-works in said village, and built engine-houses, and procured apparatus for such purposes, without any authority of law. Towns have no such original authority, and of course unincorporated villages have no municipal authority whatever. Subd. 10, sec. 892, ch. 40, R. S., gives to all incorporated villages such power and authority; and ch. 292, Laws of 1883, provides that…
2Cases cited2 opinions
- Delafield v. StateNew York Supreme Court · 1841
- Mills v. GleasonWisconsin Supreme Court · 1860
3Cited by5 opinions
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- Trester v. City of SheboyganWisconsin Supreme Court · 1894
- City of Ashland v. WheelerWisconsin Supreme Court · 1894
- Koch v. City of MilwaukeeWisconsin Supreme Court · 1895
- Uncas National Bank v. City of SuperiorWisconsin Supreme Court · 1902