City of Plymouth v. Sheboygan County

Wisconsin Supreme Court

City of Plymouth v. Sheboygan County

77 N.W. 196, 101 Wis. 200, 1898 Wisc. LEXIS 322

DecidedNovember 22, 1898

StatusPublished

This text of 77 N.W. 196 (City of Plymouth v. Sheboygan County) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Plymouth v. Sheboygan County, 77 N.W. 196, 101 Wis. 200, 1898 Wisc. LEXIS 322 (Wis. 1898).

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Opinion

Winslow, J.

Sec. 1512, R. S. 1878, as amended by sec. 1, ch. 216, Laws of 1895, provided, in substance, that when a nonresident pauper was suddenly taken ill, or became disabled, the town, village, or city in which such disability took place should furnish all necessary relief, and should recover the expenses so incurred of the county, provided the town, village, or city gave notice of the facts to the county clerk within ten days after the disability occurred. The liability is purely statutory, and the remedy given by the statute must be strictly followed. Milwaukee Co. v. Sheboygan, 94 Wis. 58. The language used clearly indicates that the notice is a condition precedent to the right to recover. In the present case no such notice was ever given, and the trial court rightly held that there could be no recovery.

By the Court.— Judgment affirmed.

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Winslow, J.

Sec. 1512, R. S. 1878, as amended by sec. 1, ch. 216, Laws of 1895, provided, in substance, that when a nonresident pauper was suddenly taken ill, or became disabled, the town, village, or city in which such disability took place should furnish all necessary relief, and should recover the expenses so incurred of the county, provided the town, village, or city gave notice of the facts to the county clerk within ten days after the disability occurred. The liability is purely statutory, and the remedy given by the statute must be strictly followed. Milwaukee Co. v. Sheboygan, 94 Wis. 58. The language used clearly indicates that the notice is a condition precedent to the right to recover. In the present case no such notice was ever given, and the trial court rightly held that there could be no recovery.

By the Court.— Judgment affirmed.

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Bluebook (online)

77 N.W. 196, 101 Wis. 200, 1898 Wisc. LEXIS 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-plymouth-v-sheboygan-county-wis-1898.

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