Town of Cady v. Bailey
Wisconsin Supreme Court
Appeal from an order of the circuit court for St. Oroix county: E. B. Bundy, Circuit Judge. It is alleged in the complaint by appropriate allegations that plaintiff, during all the times mentioned therein, was a duly-organized town, under the laws of this state; that on the 31st day of June, 1882, there existed a vacancy in the office of town treasurer of said town, caused by the death of the duly elected and qualified treasurer; that such vacancy was duly filled on that…
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Appeal from an order of the circuit court for St. Oroix county: E. B. Bundy, Circuit Judge. It is alleged in the complaint by appropriate allegations that plaintiff, during all the times mentioned therein, was a duly-organized town, under the laws of this state; that on the 31st day of June, 1882, there existed a vacancy in the office of town treasurer of said town, caused by the death of the duly elected and qualified treasurer; that such vacancy was duly filled on that day, in the manner provided by stat-, ute, by the appointment of defendant as treasurer of said town, and his qualification…
1Opinion of the CourtMaRshall, J.
The several alleged causes of action are substantially alike, except that each is for a balance for a particular year. If the first cause is well stated, all are, and the demurrers were properly overruled.
The first claim by defendant’s counsel is that the action is not on the official bonds of the defendant, but is on his personal liability as treasurer. We are unable to concur in that view. The defendant was liable independent of the bonds, and liable upon the bonds as well. It was proper to bring the action upon either liability and upon the bonds without joining the bondsmen. The complaint…
2Cases cited7 opinions
- State ex rel. Town of Manitowoo v. County Clerk of Manitowoo CountyWisconsin Supreme Court · 1883
- Town of Fox Lake v. President of Fox LakeWisconsin Supreme Court · 1885
- Township of Boardman v. FlaggMichigan Supreme Court · 1888
- Township of Otsego Lake v. KirstenMichigan Supreme Court · 1888
- Palo Alto County v. BurlingameSupreme Court of Iowa · 1887
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3Cited by4 opinions
- Brower v. WatsonTennessee Supreme Court · 1922
- Gilbert v. PierWisconsin Supreme Court · 1899
- Maldaner v. BeurhausWisconsin Supreme Court · 1900
- Sheboygan County v. ZimmermannWisconsin Supreme Court · 1935