16 Wis. 316 | Wis. | 1862
By the Court,
But one notice of trial is required in appeals from justices of the peace. It may be given by either party, and when given, the appeal may be brought to a hearing without “further notice.” R. S. ch. 120, sec. 216. “ If neither party bring it to a hearing before the end of the second term, the court shall dismiss the appeal, unless it continue the same by special order for cause shown.” Id.; Vibbert vs. Sheppard, 15 Wis., 106. The end of the second term had not come when the motion in this case was made, and it was properly denied.
The contract with the plaintiff in error was not void for want of authority in the officers of the district to make it. In the absence of any special and inconsistent determination of the qualified voters at the last annual meeting, and subject to their power at the next, or of the new board, to determine with respect to the length of time a school should be taught, whether by a male or female teacher, or both, and the application to be made of the moneys' received from the school fund and the
Judgment reversed, and a new trial awarded.