The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1870-04-21
City Of KenoSha Plaintiff In Error, vs.. AIOnza
Campbell Defendant in Error, Brief and Points
Of PER in ErrOr. John w. Cary, of Counsel.

This cause is in this Court for the second
time. It WAS first tried in the Circuit Court
i'll Milwaukee in April 1854, and judgment
rendered for the detendent below, the City of
Kenosha, and was brought here by the plain
tiff below, Campbell. and the judgment be-
low, reversed aud the Court below directed
to issue A vENIRE DE Novo.
The case WAS heard here December Term,
1866, and is reported in 5 Wallace 1914.
The cause was subsequently tried at the
Circuit in April, 1867, and judgment rem
dered Tor the plaintiff, to reverse which the
present writ of error is prosecuted.
1t Is not sought to review the principles OF
law settled, or to res rguea the question then
discussed, but it is claimed either that this
Court Inexperienced one important. and
controlling TACT, or that it did not sufficient
y appear in the case at that time. and that
proper considera ton thereof must change
the decision then or rather render it inap-
plicable to the case as now presented TO the
Court
The defendant in error brought his action
in the Court below, to recovt r the amount OF
$40 city orders (which several orders, except
ing the numbers, amount and time of pay
ment. were in the words and figures follow
$500. City Order or Scrip. No. 1,65S.
Keno sha, June 18th. 1859
The treasurer of the City OF kenosha, pay
"to he order of VIM. A. Hckok, or bearer,
five dollars on the first day of January, 1860,
g with interest at the rate of seven per cent.
" out of any funds in the treasury belonging
Ito the city. the same having been allowed
g for scrip in aid of the Kenosha and Beloit
/" Railroad Company.
GA. FAIR, Mayor.
Countersigned, C. 3. LEWIS, Clerk"
The first count of the declaration, counts
on 122 of said orders, all payable January LIST,
1860, and amounting to 81 ,980.77. Record PIP.
70 to 81.
The second count, counts on 19l of said or.
ders, due January LIST, 1861, amounting to-
gethcr to the sum OF IS ,5333 %. (Record, PIP.
| 81 to &C.
The third, counts upon 257 of said orders,
due January LIST, 1862, amounting in the sg
gregate to $4,8S2 as. (Record, PIP. &c to us
The declaration also contains the common
counts, record PIP. 11S and 1l9-and attach
ed thereto notice that the same $40 orders
will be given in evidence on the trial under
said money cOnuts. Record PIP. 118 to 235.
Each of the three special counts of the de-
claration allege that said orders were made
and issued In pursuance of en- act OF the leg
islatuTe Of the State of Wisconsin, entitled
IAN Act to incorporate the city of Keno
sha,' approved March ID, 1857, and the var
Gus acts amendatory and supplementary
thereto Record pp q. 81, and GO, But nc
such act or amendatory or supplemental acts
were introduced, offered or read on the trla
of the cause
i The detendent's plea was nil.debit, with q
notice that the act of March Esd, 1858. under
which the defendant pretepdedto act in issu
ling said orders, was IN conflict with section
8, CT article IL, of the constitution Of Wiscon
fin, and therefore void. Record 235 and 238
| The bill perceptions is found on pages 254
to 269 of the record. The former bill of ex
ceptions is found on pages 23S TO 254.
/ On the trial the plaintiff introduced and
read in evidence, section A of the Charter oil
Keroshn, which required vote of the peo
pie before levying u tax for the purposes con
templated in section s Record, D. 255.
| Also, an act, approved March 22d 1853, au-
thorizing the city OF Kenorha to aid in the
construction of the Kenosha and Beloit Rail
road, by loaniug its bonds to said railroad
| for $lj0000. The term of the bonds are pre-
scribed as well as the security to be taken on
delivery of said bonds. which was to be q
bond secured by mortgage on said railroad
aud was TO be held by said city and pledged
to The holders of said bonds Record, PIP
! 255 and 256.
| The bonds authorized to be issued under
this act were issued to said railroad company
va an sessyssatHB -wew etem ur -s-r r-