22 Wis. 660 | Wis. | 1868
This case presents two questions, which may be stated thus: 1. Was tbe defendant justified in refusing payment of tbe orders set forth in the alternative writ ? 2. If be was not, are tbe relators tbe proper parties to apply to tbe court for a writ of mandamus to compel him to pay them ?
Tbe answer to tbe first question depends on tbe validity of so much of section 1, chap. 348, Private and Local Laws of 1867, as sets apart and retains in tbe treasury of tbe city of Oshkosh, or attempts so to do, tbe sum of ten thousand dollars out of tbe tax levied in tbe year 1866 under the authority conferred by chapter 236, Private and Local Laws
2. Are the relators the proper parties to apply for this writ? "We think not. The object of the writ is to compel the respondent, who is the treasurer of the city, to pay two orders for the sum of $100 each, drawn by the relators, the board of education of the city, in favor of one Alger, a contractor on the high school building, and delivered to him, which orders, now in the possession of and belonging to Mr. Alger, have been presented by him to the defendant, and payment demanded and refused. These, with the further averment that the defendant has money in his hands
By the Court. — Order reversed.