Norton v. Supervisors of Rock County
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bock County. q. The payment of money by tbe plaintiff into tbe coun-treasury, upon a void contract of sale, created, eo instanti, a liability on tbe part of tbe county for tbe payment of tbe same. 12 Pick, 7; 4 id., 861; 5 id., 498 ; 4 Met., 181; 5 id., 73; 17 Mass., 461. 2. Tbe statute by its terms renders tbe county liable, by declaring that tbe treasurer shall refund tbe money with interest out 'of tbe county treasury. 8. Tbe board of…
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APPEAL from tbe Circuit Court for Bock County. q. The payment of money by tbe plaintiff into tbe coun-treasury, upon a void contract of sale, created, eo instanti, a liability on tbe part of tbe county for tbe payment of tbe same. 12 Pick, 7; 4 id., 861; 5 id., 498 ; 4 Met., 181; 5 id., 73; 17 Mass., 461. 2. Tbe statute by its terms renders tbe county liable, by declaring that tbe treasurer shall refund tbe money with interest out 'of tbe county treasury. 8. Tbe board of supervisors baying refused to allow tbe plaintiff’s legal demand against the county, be has a right of action against them.…
1Opinion of the Court
By the Gourt,
PAINE, J.
This action was brought to recover of Rock county the amount of certain tax certificates, the sales on which they were issued having been void. The complaint avers that the plaintiff was the owner of the certificate, but does not show whether he was the original purchaser or only an assignee. It also avers that the claim has been duly presented to the board, and that they had neglected and refused to act on it.
Of the plaintiff’s right to have the money back, there is no question. The statute expressly provides that in all such cases the county treasurer shall refund the…
2Cited by7 opinions
- Schlesinger v. StateWisconsin Supreme Court · 1928
- Stringham v. Board of SupervisorsWisconsin Supreme Court · 1869
- State ex rel. American Savings Union v. WhittleseyWashington Supreme Court · 1897
- Campbell v. PackardWisconsin Supreme Court · 1884
- Pier v. Oneida CountyWisconsin Supreme Court · 1896
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