Town of Pine Valley v. Town of Unity
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ciarle County. Action to recover for the support of a pauper. The com! plaint, after stating that each, of the parties, plaintiff and defendant, is an organized town in said county, alleges “ that the defendant .... is indebted to the plaintiff.... in the sum of $367.05, over and above all legal setoffs, for and on account of services rendered, provisions and medicines furnished, and medical attendance to and upon one William Chapman, during…
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APPEAL from the Circuit Court for Ciarle County. Action to recover for the support of a pauper. The com! plaint, after stating that each, of the parties, plaintiff and defendant, is an organized town in said county, alleges “ that the defendant .... is indebted to the plaintiff.... in the sum of $367.05, over and above all legal setoffs, for and on account of services rendered, provisions and medicines furnished, and medical attendance to and upon one William Chapman, during the year 1874; that said “William Chapman, during all that time, was a pauper, having a settlement in the town of…
1Opinion of the CourtRyan, C. J.
Both tbe towns are properly designated in this action, as provided in sec. 5, ch. 15, E. S. A remai'k to tbe contrary in La Crosse v. Melrose, 22 Wis., 459, is obviously inadvertent. All actions by and against towns go upon the right or liability of tbe corporations, not of their officers. And even in actions elsewhere directed to be brought by tbe supervisors in their name of office, we should hesitate to sustain such an objection as that urged here. Cairns v. O'Bleness, ante, 469.
On demurrer, tbe averment that tbe person cared for by tbe respondent was a pauper, is a sufficient averment…
2Cases cited1 opinion
- City of La Crosse v. Town of MelroseWisconsin Supreme Court · 1868
3Cited by6 opinions
- Town of Scott v. Town of ClaytonWisconsin Supreme Court · 1881
- Oconto County v. Union Manufacturing Co.Wisconsin Supreme Court · 1926
- City of Columbus v. Town of Fountain PrairieWisconsin Supreme Court · 1908
- Wallace v. CrilleyWisconsin Supreme Court · 1879
- Buckstaff v. City of OshkoshWisconsin Supreme Court · 1896
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