Supervisors of La Pointe v. O'Malley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. Action on the official bond of John O'Malley, late treasurer of the town of La Pointe, to recover town moneys which came to his bands as such treasurer, and which, it is alleged, he refused to account for or pay over to his successor in office. The complaint contains in form three counts.
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APPEAL from the Circuit Court for Ashland County. Action on the official bond of John O'Malley, late treasurer of the town of La Pointe, to recover town moneys which came to his bands as such treasurer, and which, it is alleged, he refused to account for or pay over to his successor in office. The complaint contains in form three counts. “ As a fiz’st cause of action,” it is alleged that O'Malley was, at the election in said town held in April, 1874, elected town treasurer for the year next ensuing; that he took the oath of office, filed his bond, duly approved, in which the defendant Vaughn…
1Opinion of the CourtTayloe, J.
The appellants make three principal points against the right of the respondents to recover in the action: 1. That the complaint does not show anything due from the late treasurer to the town. 2. That there was no sufficient proof that a successor to O'Malley as treasurer had been elected in said town, who was authorized to demand and receive the town moneys in his hands. 3. That O'Malley was treasurer de facto of the town, and that as such de facto treas*50urer he was entitled to the possession and custody of the funds of the town, and the question as to who was the treasurer de jure could not…
2Cases cited10 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Morris v. SmithTennessee Supreme Court · 1849
- People ex rel. Cummings v. HeadIllinois Supreme Court · 1861
- Hadley v. . MayorNew York Court of Appeals · 1865
- Hunter v. ChandlerSupreme Court of Missouri · 1870
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State ex rel. Jones v. OatesWisconsin Supreme Court · 1893
- Parmater v. State ex rel. DrakeIndiana Supreme Court · 1884
- State ex rel. Butler v. CallahanNorth Dakota Supreme Court · 1895
- Campbell v. HuntArizona Supreme Court · 1917
- Trunick v. Town of NorthviewWest Virginia Supreme Court · 1917
18 more not listed; retrieve them via the Exa API.