Hill v. Gates County
Wisconsin Supreme Court
Appeal from an order of the circuit court for Gates ,-county: JohN K. Rakish, Circuit Judge. Motion for a stay of proceedings pending the appeal. Taxpayers’ action to restrain the county board of Gates ■county from erecting county buildings or incurring any expense to the county in that regard pending efforts to have the question of where the county seat should be located ■submitted to a vote of the electors of the county.
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Appeal from an order of the circuit court for Gates ,-county: JohN K. Rakish, Circuit Judge. Motion for a stay of proceedings pending the appeal. Taxpayers’ action to restrain the county board of Gates ■county from erecting county buildings or incurring any expense to the county in that regard pending efforts to have the question of where the county seat should be located ■submitted to a vote of the electors of the county. The following, omitting formal allegations, is the substance of the complaint: In the act creating Gates Gounty (ch. 469, Laws ■of 1901), Ladysmith was named as the county…
1Opinion of the CourtMarshall, J.
The theory upon which this motion is presented is that, because appellants are prosecuting their appeal in good íaith and are willing to comply with any order the court may make to protect respondents in the event of a decision in their favor, the doing of the things complained of pending the appeal should be restrained as a matter of right. Reliance is placed on Janesville v. Janesville W. Co. 89 Wis. 159. This language was there used:
“Within the limitation that the appeal is taken and prosecuted in good faith, and that the party asking it gives the reasonable security required for that…
2Cases cited2 opinions
- Valley Iron Works Manufacturing Co. v. GoodrickWisconsin Supreme Court · 1899
- City of Janesville v. Janesville Water Co.Wisconsin Supreme Court · 1895
3Cited by3 opinions
- State Ex Rel. Van Dyke Ford, Inc. v. CaneWisconsin Supreme Court · 1975
- State ex rel. Boysa v. FritzWisconsin Supreme Court · 1927
- State v. CarlsonSouth Dakota Supreme Court · 1916