City of Milwaukee v. Binner
Wisconsin Supreme Court
Appeal from an order of the' circuit court for Milwaukee county: W. J. TueNEe!, Circuit Judge. Action to recover money claimed to belong to the plaintiff and to have been unlawfully diverted from its proper purpose and converted by defendants to their own use.
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Appeal from an order of the' circuit court for Milwaukee county: W. J. TueNEe!, Circuit Judge. Action to recover money claimed to belong to the plaintiff and to have been unlawfully diverted from its proper purpose and converted by defendants to their own use. The following are the material facts stated in the complaint:' During the year 1911 defendant Thompson was the city clerk of the city of Mihvaulcee, Wisconsin, and charged with the duty of making the city tax roll for such year. Pursuant to ch. 3T6, Laws of 1897, $4,800 was appropriated by the plaintiff’s common council for expenditure…
1Opinion of the CourtMaeshall, J.
We perceive no basis in the record for the claim that appellant Thompson did not unlawfully appropriate the money paid to Binner. True, there was no moral turpitude about it; but if violations of law without such characterization, in respect to the administration of public funds, could be efficiently pleaded in justification, the door would be wide open for serious abuses. It is the policy of the law to hold an official custodian of public funds to very strict accountability, and to make him responsible for money illegally disbursed, regardless of whether the municipality received an…
2Cases cited2 opinions
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- Town of Washburn v. LeeWisconsin Supreme Court · 1906
3Cited by7 opinions
- Town of Humboldt v. SchoenWisconsin Supreme Court · 1919
- Forest County v. PoppyWisconsin Supreme Court · 1927
- United States Fidelity & Guaranty Co. v. HooperWisconsin Supreme Court · 1935
- Town of Grand Chute v. HerrickWisconsin Supreme Court · 1916
- Town of Humboldt v. SchoenWisconsin Supreme Court · 1917
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