Steele v. Dunham
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. In 1869, Dunham was clerk, and his co-defendant, Fredericks, was chairman of the board of supervisors of the town of Eldorado in said county, and the plaintiff was owner of real estate in said town.
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APPEAL from the Circuit Court for Fond du Lac County. In 1869, Dunham was clerk, and his co-defendant, Fredericks, was chairman of the board of supervisors of the town of Eldorado in said county, and the plaintiff was owner of real estate in said town. The complaint in this action (which, was commenced in a justice’s court) alleges that the defendants, at said town, on the 28th of June of that year, without authority, wrongfully, and with intent to injure and oppress said plaintiff', and to make the assessment of his said real estate disproportionate in value to the other real estate in said…
1Opinion of the CourtCole, J.
The counsel for the plaintiff does not claim that this action was brought to recover damages given by section 34, chap. 130, Laws of 1868, for a refusal or willful neglect to perform duties imposed upon the defendants by the provisions of that statute. The complaint is, not that the defendants have willfully neglected to perform their duties, whereby the plaintiff has been injured, but that, in *396the discharge of the duties imposed upon them as a board of review, they acted “ without authority, wrongfully, and with intent to injure and oppress” the plain-tilf by increasing the value of his…
2Cases cited2 opinions
- Weaver v. DevendorfNew York Supreme Court · 1846
- Barhyte v. . ShepherdNew York Court of Appeals · 1866
3Cited by24 opinions
- Lowe v. ConroyWisconsin Supreme Court · 1904
- Milwaukee Iron Co. v. SchubelWisconsin Supreme Court · 1872
- State ex rel. Ellis v. ThorneWisconsin Supreme Court · 1901
- Kittler v. KelschNorth Dakota Supreme Court · 1927
- Phelps v. DawsonCourt of Appeals for the Eighth Circuit · 1938
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