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MADISON v. STATE DEPARTMENT OF PUBLIC WELFARE

262 Wis. 636 (1953)

CITY OF MADISON, Respondent, vs. STATE DEPARTMENT OF PUBLIC WELFARE, Defendant: TOWN OF BURKE, Appellant.

Supreme Court of Wisconsin.

January 6, 1953.

Attorney(s) appearing for the Case

For the appellant there was a brief by Field, Rikkers & Brickhouse and John B. Brickhouse, all of Madison, and oral argument by Mr. Brickhouse.

For the respondent there was a brief by Harold E. Hanson, city attorney, and Alton S. Heassler, assistant city attorney, and oral argument by Mr. Heassler.

A brief was filed by Richard R. Rynders and Lloyd A. Schneider, both of Madison, as amici curiae.

CURRIE, J.

The determination of the issue of whether Rolf had his legal settlement in the town of Burke or in the city of Madison at the time Columbia county supplied relief to him in 1949 is dependent upon the proper construction of sec. 49.02 (8), Stats. 1943, since renumbered sec. 49.10 (9), reading as follows:

"Whenever any territory shall be organized into or attached to any town, village, or city every person having a legal settlement in such territory...

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