Legal Opinion

Vivian v. Otis

Wisconsin Supreme Court

Decided June 15, 1869PublishedCited by 22 opinions

APPEAL from the Circuit Court for Iowa County Action on an official bond, for defalcation in office. The facts are stated in the opinion. Verdict for the plaintiff, for §1,412 damages. Plaintiff’s motion to set aside the verdict, on the ground that the damages allowed him were less than he was entitled to recover, and for various alleged errors, was denied; and he appealed from a judgment on the verdict.

1Opinion of the CourtCole, J.

The facts upon which the questions of law arise in this case are few. The defendant George H. Otis was elected to and held the office of clerk of the county board of supervisors of Iowa county, for two *519terms. The first term commenced January, 1865, and ended January 7th, 1867; the second term commenced January 7th, 1867, and ended January 4th, 1869. This action is brought upon the official bond given by Otis for the second term, for an alleged default in the nonpayment to his successor in office, after demand, of the sum of $3,571.97. There was a judgment against Otis and the sureties of the…

2Cases cited3 opinions

  1. Farrar and Brown v. United StatesSupreme Court of the United States · 1831
  2. County of Mahaska v. IngallsSupreme Court of Iowa · 1864
  3. Myers v. United StatesU.S. Circuit Court for the District of Ohio · 1839

3Cited by22 opinions

  1. Supreme Council Catholic Knights v. Fidelity & Casualty Co. of New YorkCourt of Appeals for the Sixth Circuit · 1894
  2. Cairns v. O'BlenessWisconsin Supreme Court · 1876
  3. Bissell v. . SaxtonNew York Court of Appeals · 1876
  4. State v. ChurchillSupreme Court of Arkansas · 1886
  5. Ohning v. City of EvansvilleIndiana Supreme Court · 1879

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