Cairns v. O'Bleness
Wisconsin Supreme Court
APPEAR from tbo Circuit Court for Marquette County. Action upon the bond of a town treasurer, against the principal and sureties.
Read the full summary
APPEAR from tbo Circuit Court for Marquette County. Action upon the bond of a town treasurer, against the principal and sureties. The complaint, after setting forth the bond,’ and the election of the treasurer, alleges that in the fall of 1867, the town clerk of said town made an apportionment of the taxes to be collected for the year 1867, being to the amount of $3,164.50, put the same in a tax roll, and delivered such roll to the treasurer, O’Bleness, with his warrant attached; but that the said town clerk, by mistake or fraud, afterward, in December, enlarged the ratio for computing the…
1Opinion of the CourtRyan, C. J.
This action might, perhaps, have been brought in the name of the town. Beaver Dam v. Frings, 17 Wis., 398. But sec. 64, ch. 15, E. S., authorizes the supervisors of the town, by their name of office, to prosecute actions upon bonds given to them. This clearly means the supervisors of the town, eo nomine, without use of their personal names, as in Supervisors v. Kirby, 25 Wis., 498. That is really but another way of designating the town itself as plaintiff in the action. And the insertion of the personal names of the supervisors is improper; but ought perhaps to be disregarded as surplusage,…
2Cases cited10 opinions
- Dutcher v. DutcherWisconsin Supreme Court · 1876
- Vivian v. OtisWisconsin Supreme Court · 1869
- County Board of Supervisors v. DunningWisconsin Supreme Court · 1866
- City of La Crosse v. Town of MelroseWisconsin Supreme Court · 1868
- Swineford v. PomeroyWisconsin Supreme Court · 1863
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Creve Coeur Lake Ice Co. v. TammSupreme Court of Missouri · 1897
- Outagamie County v. ZuehlkeWisconsin Supreme Court · 1917
- Casper v. StateWisconsin Supreme Court · 1879
- Sutton v. McConnellWisconsin Supreme Court · 1879
- Andrus v. Home Insurance Co. of New YorkWisconsin Supreme Court · 1889
20 more not listed; retrieve them via the Exa API.