Town of Winneconne v. Village of Winneconne
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county; Geoege W. BueNell, Circuit Judge. This action was commenced July 9,1894, by the plaintiff to recover of the defendant village certain liquor license moneys collected by the village during the years 1891, 1892, and 1893. The complaint alleged the corporate character of the. town; that the defendant was a village duly incorporated under ch. 40¿ R. S. 1818, and lying wholly within the limits, of the plaintiff…
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Appeal from a judgment of the circuit court for Winnebago county; Geoege W. BueNell, Circuit Judge. This action was commenced July 9,1894, by the plaintiff to recover of the defendant village certain liquor license moneys collected by the village during the years 1891, 1892, and 1893. The complaint alleged the corporate character of the. town; that the defendant was a village duly incorporated under ch. 40¿ R. S. 1818, and lying wholly within the limits, of the plaintiff town, and had not at any time provided by ordinance for the support of the poor of said village, and that it had at no time…
1Opinion of the CourtWiNsnow, J.
Had the village of Winneconne been duly incorporated in 1887, no contention is made but that, under the facts stated, it would have been liable to the town in this action for the license moneys which had not been actually *12used in the support of the poor. S. & B. Ami. Stats, secs. 1562,1562a. The complaint was dismissed, however, on the ground that at the time of the institution of the suit, and at the time the plea in abatement was made, there existed no such thing, either defacto or dejv/re, as the village of Winne-eorme, because the law under which it was attempted to be incorporated was…
2Cases cited4 opinions
- In re Incorporation of Village of North MilwaukeeWisconsin Supreme Court · 1896
- Evenson v. EllingsonWisconsin Supreme Court · 1887
- Gilkey v. Town of HowWisconsin Supreme Court · 1899
- Winner v. KuehnWisconsin Supreme Court · 1897
3Cited by7 opinions
- City of Albuquerque v. Water Supply Co.New Mexico Supreme Court · 1918
- Huber v. MartinWisconsin Supreme Court · 1906
- Truesdill v. RoachWisconsin Supreme Court · 1960
- State ex rel. Horton v. BrechlerWisconsin Supreme Court · 1925
- Stephens v. WheelerWisconsin Supreme Court · 1927
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