50 Wis. 333 | Wis. | 1880
This is an appeal from an order of the circuit com;t substituting the town of Butternut as plaintiff in the action in the place of the supervisors of the town of La Pointe. The occasion or necessity for such substitution will appear on
The learned counsel for the defendants takes some objections to the order, all of which we deem untenable. Both the propriety and necessity of the substitution have already been considered and decided. Counsel suggest that the town board of Butternut had no authority to employ counsel to-procure its substitution as plaintiff in the action. But section 819, N. S., to which he refers, gives that authority in the clearest terms. This court has also held that, by force of the ordinance, the town of Butternut became the successor in interest of the town of La Pointe in the action. It is quite unnecessary to again state our reasons in support of these views after what is said in the above case. The right of the town of Butternut to recover costs follows as a logical result from that decision.
By the Court.— Order affirmed.