79 Wis. 157 | Wis. | 1891
The ordinance dividing the town of Ach-ley, and creating out of a portion of it the town of Vilas, required the indebtedness of the old town to be apportioned between the two towns according to the assessment of 1886. The ordinance followed the mandate of the statute which .required the county board to divide such indebtedness pro rata according to the last previous assessment roll of the old town. Sec. 672, R. S. But in making such division the board departed from the rule thus prescribed, and made the same according to the assessment of 1885. In doing so, however, it is very manifest from the complaint that the town of Vilas is required to pay a considerably less sum than it would have been required to pay had the division been made according to the ordinance and the statute. This being so, it is contended that the defendant is not injured, and hence is in no position to object. The statute expressly requires this court to disregard any error or defect in the pleadings or proceedings, not affecting the
By the Court.—The order of the circuit court is affirmed.