Bd. of Sch. Dirs. of Town of Ashland v. City of Ashland
| Decision Date | 16 March 1894 |
| Citation | 87 Wis. 533,58 N.W. 377 |
| Parties | BOARD OF SCHOOL DIRECTORS OF TOWN OF ASHLAND v. CITY OF ASHLAND. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Ashland county; J. K. Parish, Judge.
Action by the board of school directors of the town of Ashland against the city of Ashland to recover the value of certain school property situate in the city of Ashland, and being a part of the territory detached from the town of Ashland. A demurrer to the complaint was sustained, and plaintiff appeals. Affirmed.
The other facts fully appear in the following statement by NEWMAN, J.:
By chapter 127 of the Laws of 1887, a part of the territory of the town of Ashland, in Ashland county, was detached from the town, and organized as the city of Ashland. Until that time the town of Ashland had formed one school district, under the township system of school government, designated as the “Board of School Directors of the Town of Ashland.” At the time of the organization of the city of Ashland the plaintiff owned schoolhouses and schoolhouse sites within the city limits of the value of $24,500. By the terms of the city charter the title to this property was vested in the city. Nothing has been paid by the city to the plaintiff on account of such school property. The plaintiff seeks, in this action, to recover its proportion of the value of such property. The action is based upon section 2, c. 334, Laws 1885. This statute, so far as it is applicable to this case, reads as follows: No provision of the charter of the city of Ashland requires the city to pay for schoolhouses or schoolhouse sites, or for any real estate lying within the city limits, to any one. The appeal is from an order sustaining a general demurrer to the complaint.Lamoreux, Gleason, Shea & Wright, for appellant.
J. Q. Copeman, for respondent.
NEWMAN, J. (after stating the facts).
As will be readily seen, there is no provision of section 2, c....
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