34 Wis. 628 | Wis. | 1874
The plaintiffs brought this action under the provisions of ch. 150, Laws of 1873. They allege in the complaint that in the months of November and December, 1870, they furnished lumber and building materials to the defendant Maynard, who was a contractor for the erection of a school house for the city, which materials were worth $358.60, and were in fact used in the construction of said school house. They further allege that Maynard has not paid the debt, nor any part thereof, and that the city is indebted to him on his contract for the erection of the school house, in the sum of $1;000 and upwards, which amount is now due and owing from the city. They demand a judgment against the city for the amount due them by the contractor, Maynard, and interest.
The complaint is demurred to on several grounds, only one or two of which do we deem it necessary to notice. It is objected that there is a defect of parties defendant, and that the board of education of the city should have been united in the action. Under the provisions of the city charter, the mayor and common council elect school commissioners, who form the board of education. This board, among other duties, employ teachers; establish rules and regulations for the schools; furnish fuel; make all necessary repairs, not exceeding one hundred dollars, on school houses; and, with the approval of one-
The only other question which we deem it important to notice, is that arising upon the law of 1873 above referred to. It is contended on behalf of the city, that this enactment is, by its terms, prospective in its operation, and was not intended to
But it is further objected that if the legislature intended the law to apply to past transactions and to cases existing at the time of its passage, then it is unconstitutional and void. If
We think the complaint states a cause of action, and that the demurrer was properly overrruled.
By the Court — Order affirmed.