Legal Opinion

Town of Depere v. Town of Bellevue

Wisconsin Supreme Court

Decided January 15, 1872PublishedCited by 27 opinions

APPEAL from the Circuit Court for Fond du Lac County. This action was commenced in Brown county, by the town and village of Depere against the defendant towns, to enforce contribution on account of moneys paid by the plaintiffs upon indebtedness incurred by the original town of Depere when the defendants constituted a part'thereof. The judge of that circuit having been of counsel, the case was transferred to Eond du Lac county.

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APPEAL from the Circuit Court for Fond du Lac County. This action was commenced in Brown county, by the town and village of Depere against the defendant towns, to enforce contribution on account of moneys paid by the plaintiffs upon indebtedness incurred by the original town of Depere when the defendants constituted a part'thereof. The judge of that circuit having been of counsel, the case was transferred to Eond du Lac county. The complaint alleges, in substance that all the parties are duly organized corporations; that prior to April 2, 1853, and until July 1, 1854, they had but one…

1Opinion of the CourtCole, J.

We are of the opinion that the complaint in this case states no cause of action, and therefore that the demurrer was properly sustained upon that ground. It appears from the allegations of the complaint, that, prior to April, 1853, and until after the first of July, 1854, the plaintiffs and defendants were included in and formed one town, known as the town of Depere. In 1853 that town was authorized by an act of the legislature to aid in the construction of certain roads, and the electors thereof voted for the issue of, and the officers of the town did issue, $5,000 in town bonds, payable in…

2Cases cited3 opinions

  1. Inhabitants of Hampshire v. Inhabitants of FranklinMassachusetts Supreme Judicial Court · 1819
  2. Inhabitants of Windham v. Inhabitants of PortlandMassachusetts Supreme Judicial Court · 1808
  3. Town of Milwaukee v. City of MilwaukeeWisconsin Supreme Court · 1860

3Cited by27 opinions

  1. Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
  2. Hughes v. EwingCalifornia Supreme Court · 1892
  3. City of Winona v. School-District, No. 82Supreme Court of Minnesota · 1889
  4. Town of Madison v. City of MadisonWisconsin Supreme Court · 1955
  5. School District of Oakland v. School District of JoplinSupreme Court of Missouri · 1937

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