58 Wis. 291 | Wis. | 1883
The relator moves to dismiss the appeal upon papers showing facts, the substance of which is stated above. The request for the special town meeting seems to have been signed by the requisite number of qualified voters of the town, and sufficiently specified the purposes for which the meeting was called, within the provisions of sec. 788, R. S. The request was also left with the town clerk in time. The statute requires the town clerk, with whom it was left, to record the same. Sec. 789, R. S. This was done, but it is claimed that it was not done until after the meeting. The statute does not definitely state at what stage of the proceedings the recording must be completed. For the purposes of this case, we assume that it was the duty of the clerk to record the same within a reasonable time after its receipt. But this, after all, would seem to be merely directory, and hence the mere failure to record the same prior to the meeting should not vitiate the action of the meeting, if the calling of it was otherwise regular.
It is urged that the notice did not show that the place where the meeting was held was in the town of Decatur. But it did state that it was made upon the request of voters of that town, and was for the purpose of giving direction to the supervisors of that town. This would seem to be sufficient to indicate that it was to be in the town, and hence
It is urged that the meeting could not control the appeal, and yet at the same time refuse to pay any costs. But the resolution only directed that no costs or attorney’s fees be paid, except such as were legal claims against the town. To the extent of such legal claims the meeting did not attempt to, and probably the town could not, escape liability. It is urged, in effect, that because the bond on this appeal was signed by two of the supervisors in office at the time the mandamus was issued, and who are, therefore, liable for the costs of this appeal, they should be permitted to control it. It is moreover urged, in effect, that the power of laying out highways is given by statute- to the supervisors, and not' to town meetings, and that as the supervisors here were brought into court for the purpose of controlling their official conduct, they should be allowed to control the appeal from the judgment against them; or, at least, that the town
By the Court.— For these reasons the appeal is dismissed, with the usual taxable costs against the town.
A motion for a rehearing in the case of Tuttle v. Town of Weston was denied January 8, 1884. The case will be reported in 59 Wis. — Rep.