Waushara Cnty. v. Green Lake Cnty.

CourtUnited States State Supreme Court of Wisconsin
Writing for the CourtMARTIN
Citation300 N.W. 770,238 Wis. 608
Decision Date04 November 1941
PartiesWAUSHARA COUNTY v. GREEN LAKE COUNTY et al.

238 Wis. 608
300 N.W. 770

WAUSHARA COUNTY
v.
GREEN LAKE COUNTY et al.

Supreme Court of Wisconsin.

Nov. 4, 1941.


Appeal from a judgment of the Circuit Court for Marathon County; George J. Leicht, Circuit Judge.

Action by Waushara County against Green Lake County to recover for relief granted by Town of Leon to one Lavern Semple who was alleged to have acquired legal settlement in the Town of Seneca, Green Lake County. From a judgment which affirmed the finding and order of the Department of Public Assistance, that relief recipient had no legal settlement in Green Lake County and dismissing the action, plaintiff appeals.-[By Editorial Staff].

Affirmed.

The appeal herein is from a judgment of the circuit court for Marathon county, which judgment affirmed the findings and order of the Department of Public Welfare, Division of Public Assistance, that Lavern Semple had no legal settlement in Green Lake county, and dismissed the above action. The plaintiff, Waushara county, appeals. The material facts will be stated in the opinion.

[300 N.W. 771]

Samuel Bluthe, Dist. Atty., of Wautoma (Lehner & Lehner, of Princeton, of counsel), for appellant.

J. L. McMonigal, Dist. Atty., of Berlin, and K. J. Callahan, of Montello, for respondents.


MARTIN, Justice.

The plaintiff, appellant herein, appeals from an order of the Division of Public Assistance of the state Department of Public Welfare dismissing the above action. The facts are not in dispute. The Division of Public Assistance found that Semple (the alleged pauper) took up residence in the town of Seneca, Green Lake county, on December 1, 1934; that he stood in need of relief and received support as a pauper on November 23, 1935, and thereafter; and that he did not acquire a legal settlement in the town of Seneca, Green Lake county. Appellant contends that the facts do not establish a pauper status as a matter of law.

The facts in brief show: That Lavern Semple and family moved to a farm in the town of Seneca, Green Lake county, on December 1, 1934. He lived in Oshkosh from October, 1931, to November, 1932, and received relief. He then moved to New London, and later returned to Oshkosh some time in 1933, and received relief from the city of Oshkosh until March, 1934. He moved to the town of Algoma on March 4, 1934, and remained there until he moved to the town of Seneca, Green Lake county, on December 1, 1934. While he resided in the town of Algoma he received relief. On December 1, 1934, Semple rented a farm...

To continue reading

Request your trial
2 practice notes
  • Milwaukee Cnty. v. Vill. of Stratford
    • United States
    • United States State Supreme Court of Wisconsin
    • October 10, 1944
    ...month and through to 1939, inclusive in amounts ranging from $17 to $105 per month. It is held in Waushara County v. Green Lake County, 238 Wis. 608, 300 N.W. 770, and Town of Rolling v. City of Antigo, 211 Wis. 220, 248 N.W. 119, that the background of the recipient and his immediately sub......
  • Ott v. Tschantz
    • United States
    • United States State Supreme Court of Wisconsin
    • November 4, 1941
    ...the truck, it was enshrouded in darkness and there was nothing about it to attract his attention. Every experienced automobile driver has [300 N.W. 770]had the sensation of coming upon a dark object in the night, which was directly in front of him, upon which efficient lights were shining b......
2 cases
  • Milwaukee Cnty. v. Vill. of Stratford
    • United States
    • United States State Supreme Court of Wisconsin
    • October 10, 1944
    ...month and through to 1939, inclusive in amounts ranging from $17 to $105 per month. It is held in Waushara County v. Green Lake County, 238 Wis. 608, 300 N.W. 770, and Town of Rolling v. City of Antigo, 211 Wis. 220, 248 N.W. 119, that the background of the recipient and his immediately sub......
  • Ott v. Tschantz
    • United States
    • United States State Supreme Court of Wisconsin
    • November 4, 1941
    ...the truck, it was enshrouded in darkness and there was nothing about it to attract his attention. Every experienced automobile driver has [300 N.W. 770]had the sensation of coming upon a dark object in the night, which was directly in front of him, upon which efficient lights were shining b......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT