Chippewa Cnty. v. Outagamie Cnty. (In re Jeness)

Decision Date04 June 1935
Citation261 N.W. 415,218 Wis. 447
PartiesIN RE JENESS. CHIPPEWA COUNTY v. OUTAGAMIE COUNTY ET AL.
CourtWisconsin Supreme Court

OPINION TEXT STARTS HERE

Appeal from an order of the County Judge of Brown County; Carlton Merrill, County Judge.

Proceeding by Brown County to determine whether such county, Chippewa County, or Outagamie County, is responsible for the support of Mrs. Hazel Jeness, an indigent person, in which the Village of Black Creek subsequently became a party. From an order determining the indigent person's legal settlement and directing that she be returned to Chippewa County, the latter appeals.--[By Editorial Staff.]

Appeal dismissed.

This is an appeal from an order made and entered by the county judge of Brown county on July 12, 1934, under section 49.03(9), Stats., determining the legal settlement of Mrs. Hazel Jeness and directing that she be returned to the place of her legal settlement, to wit, Chippewa county, Wis., from which order Chippewa county appealed.

The material facts will be stated in the opinion.

Robert L. Wiley, Dist. Atty., of Chippewa Falls (Henry Christoffersen, of Chippewa Falls, of counsel), for appellant.

Samuel Sigman, Dist. Atty., of Appleton, for respondent Outagamie County.

Clarence J. Dorschel, Dist. Atty., and Charles K. Bong, Asst. Dist. Atty., both of Green Bay, for respondent Brown County.

Frank F. Wheeler, of Appleton (James I. McFadden, of Appleton, of counsel), for respondent Village of Black Creek.

MARTIN, Justice.

This proceeding was instituted on the petition of the district attorney of Brown county, pursuant to section 49.03(9), Stats., for the purpose of determining what municipality is responsible for the support of Mrs. Hazel Jeness, indigent. The petition alleges that Brown county has paid to the city of Green Bay the sum of $87.14 for the relief of said indigent; that such sum has been charged to Chippewa county; that Chippewa county, Outagamie county, and Brown county dispute the legal settlement of said indigent. The village of Black Creek, an incorporated village located in Outagamie, Wis., was not a party to the proceedings originally, but has become a necessary and interested party by reason of the facts.

The statute under consideration, section 49.03(9), provides: “When a poor person is given relief in some other county or municipality than the one in which he has a legal settlement, either county or municipality involved may apply to the county judge or municipal judge of its county or municipality for an order directing such poor person to return to the county or municipality of his legal settlement, all expenses of removal to be paid by the county or municipality in which such poor person has a legal residence or settlement. Upon the filing of such petition the county or municipal judge shall issue an order directing the poor person to return to such municipality, unless it shall clearly appear that such removal would be against his best interests. Upon issuance of any such order no further public relief shall be given to the person to whom it is directed until he shall comply therewith.”

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8 cases
  • Yanta v. Montgomery Ward & Co., Inc.
    • United States
    • Wisconsin Supreme Court
    • December 20, 1974
    ...19 N.W.2d 884. Where the law gives a new remedy to meet a new situation, the remedy provided by the law is exclusive. In re Jeness (1935), 218 Wis. 447, 450, 261 N.W. 415. '. . . Investigation, publicity, and a commission recommendation are what the statute provides in consequence of racial......
  • State ex rel. Attorney Gen. v. Fasekas
    • United States
    • Wisconsin Supreme Court
    • November 10, 1936
    ...of review is prescribed by the act creating the right or conferring the power, that method of review must be pursued. In re Jeness (1935) 218 Wis. 447, 261 N.W. 415. [7] While no separate tribunal is created by statute with power to review the order of the Governor, the Governor may review ......
  • Trembath v. St. Regis Paper Co.
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • January 24, 1985
    ... ... In re Jeness, 218 Wis. 447, 261 N.W. 415, 416 ... (1935); Ross v ... ...
  • Ross v. Ebert
    • United States
    • Wisconsin Supreme Court
    • April 9, 1957
    ...161 A.L.R. 342. Where the law gives a new remedy to meet a new situation, the remedy provided by the law is exclusive. In re Jeness, 1935, 218 Wis. 447, 450, 261 N.W. 415. So looking, we discover that one believing that he is the victim of racial discrimination in matters affecting his empl......
  • Request a trial to view additional results

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