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STATE EX REL. ROGERS v. MILLIGAN

267 Wis. 549 (1954)

STATE EX REL. ROGERS, School Director, Respondent, vs. MILLIGAN, School Clerk, Appellant.

Supreme Court of Wisconsin.

October 5, 1954.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by E. Nelton of Balsam Lake.

For the respondent there was a brief by Doar & Knowles of New Richmond, and oral argument by Warren P. Knowles III.

FAIRCHILD, C. J.

Counsel frankly concede that this is a test case to determine whether the device resorted to by the school district in this case, pursuant to the authority granted in sec. 40.305, Stats., violates sec. 3, art. XI of the Wisconsin constitution, in that the cost of the new school building, to finance which the building corporation is to mortgage its leasehold interest, exceeds the debt limit of said constitutional provision.

The pertinent provisions...

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