Oleson v. Green Bay & Lake Pepin Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Trempealeau County. The town of Arcadia, in the county of Trempealeau, having voted aid to the amount of $50,000 to the defendant railway company, and the bonds of the town for that sum having been placed in the hands of the defendant Worthington, who was selected by the town and the railway company to hold the same in escrow until the company should perform certain agreed conditions, this action was brought to restrain the delivery and…
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APPEAL from tbe Circuit Court for Trempealeau County. The town of Arcadia, in the county of Trempealeau, having voted aid to the amount of $50,000 to the defendant railway company, and the bonds of the town for that sum having been placed in the hands of the defendant Worthington, who was selected by the town and the railway company to hold the same in escrow until the company should perform certain agreed conditions, this action was brought to restrain the delivery and negotiation of such bonds, and to have them declared void and delivered up to the town for cancellation. The plaintiff is a…
1Opinion of the CourtLyon, J.
The learned counsel for the plaintiff concedes (what is doubtless the fact), that all of the proceedings relating in any manner to the bonds in controversy were strictly in accordance with the requirements of ch. 93, P. & L. Laws of 1867, entitled “ an act to authorize the counties and towns through which the Green Bay & Lake Pepin Railway passes, to aid in its construction,” as amended by ch. 166, P. & L. Laws of 1869, and ch. 76, P. & L. Laws of 1871.
If, therefore, the act of 1867 was a valid, subsisting law when those proceedings were taken, the bonds are lawfully in the hands of the…
2Cases cited1 opinion
- Phillips v. Town of AlbanyWisconsin Supreme Court · 1871
3Cited by8 opinions
- Henley v. DavisSupreme Court of Oklahoma · 1916
- President of Platteville v. McKernanWisconsin Supreme Court · 1882
- Hurley Water Co. v. Town of VaughnWisconsin Supreme Court · 1902
- State ex rel. Green Bay & Minnesota Railroad v. JenningsWisconsin Supreme Court · 1880
- Fire Department of the City of Oshkosh v. TuttleWisconsin Supreme Court · 1880
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