Judd v. Town of Fox Lake
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. At the annual town meeting of the defendant town, in April, 1870, a motion was made, and, after being put to vote, was de-dared by the chairman to be passed, and was entered by the town clerk upon the records of the meeting in the form of a resolution, as follows: “ Resolved, That there be raised by tax for gravelling State street, between the Continental Hotel and the comer of State and Spring streets, near Stoddard Judd’s…
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APPEAL from the Circuit Court for Dodge County. At the annual town meeting of the defendant town, in April, 1870, a motion was made, and, after being put to vote, was de-dared by the chairman to be passed, and was entered by the town clerk upon the records of the meeting in the form of a resolution, as follows: “ Resolved, That there be raised by tax for gravelling State street, between the Continental Hotel and the comer of State and Spring streets, near Stoddard Judd’s house, $500.” This action was brought by plaintiffs, resident tax-payers in said town, in their own behalf, and in behalf…
1Opinion of the CourtDixoN, C. J.
The motion here being equivalent to a demurrer to the complaint for want of equity or want of jurisdiction, the question presented is, whether the complaint states any sufficient ground of equitable cognizance, or for relief by the writ of injunction. Tbe case differs from Peck v. School District, 21 Wis., 516, and Whiting v. Railroad Company, 25 Wis., 167, chiefly relied on by counsel for the plaintiffs, as also from any heretofore decided by this court. In Peck v. School District, a contract had, in fact, been entered into by the officers of the district with a third person, which was…
2Cases cited8 opinions
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
- Wiggin v. Mayor of New-YorkNew York Court of Chancery · 1841
- Whiting v. Sheboygan & Fond Du Lac RailroadWisconsin Supreme Court · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Willard v. ComstockWisconsin Supreme Court · 1883
- Fowler v. City of SuperiorWisconsin Supreme Court · 1893
- Johnson v. City of MilwaukeeWisconsin Supreme Court · 1876
- Shepard v. PabstWisconsin Supreme Court · 1912
33 more not listed; retrieve them via the Exa API.