MARATHON COUNTY v. MILWAUKEE COUNTY


273 Wis. 541 (1956)

MARATHON COUNTY, Appellant, vs. MILWAUKEE COUNTY and another, Respondents.

Supreme Court of Wisconsin.

November 7, 1956.


Attorney(s) appearing for the Case

For the appellant there were briefs by Ronald D. Keberle, district attorney of Marathon county, and Robert C. Altman, assistant district attorney, and oral argument by Mr. Altman.

For the respondent Milwaukee county there was a brief by William J. McCauley, district attorney, and Oliver L. O'Boyle, corporation counsel, and George E. Rice, assistant corporation counsel, and oral argument by Mr. Rice.

For the state of Wisconsin and the State Department of Public Welfare there was a brief by the Attorney General and Beatrice Lampert, assistant attorney general, and Albert Harriman, attorney, and oral argument by Mrs. Lampert and Mr. Harriman.


WINGERT, J.

The ultimate question presented by the appeal is whether Davidson had a legal settlement in Marathon county on April 10, 1945, when his children were committed to the state public school. The controlling statutory provisions are the following:

Sec. 49.02 (4), Stats. 1941:

"Every person of full age who shall have resided in any town, village, or city in this state one whole year shall thereby gain a settlement therein; but no residence of...

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