Supervisors of Omro v. Kaime
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Wwvnebago County. This was an action against Kañme, as town treasurer, and tbe sureties upon bis official bond, to recover funds of tbe town which were lost through the failure of the bank wherein they were deposited by Kavme. Kaime was first elected town treasurer April 7, 1873, and on the 8th of April took the oath of office and filed the bond on which his codefendants in this action were sureties.
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APPEAL from tbe Circuit Court for Wwvnebago County. This was an action against Kañme, as town treasurer, and tbe sureties upon bis official bond, to recover funds of tbe town which were lost through the failure of the bank wherein they were deposited by Kavme. Kaime was first elected town treasurer April 7, 1873, and on the 8th of April took the oath of office and filed the bond on which his codefendants in this action were sureties. This bond was never formally approved by the chairman of the board of supervisors, as required by the statute. Kaime entered upon the duties of his office, and…
1Opinion of the CourtCole, J.
The condition of the hond executed "by the defendants is essentially the same as that prescribed in sec. 113, ch. 15, Tay. Stats., p. 370. It was, that the town treasurer would “ faithfully discharge the. duties ” of his office, and “ properly and legally disburse or pay all moneys ” that might come into his hands. The statute made it the duty of the chairman of the board to approve the bond given, and to indorse his approval thereon. The-chairman failed to formally approve the bond as the law required, but this omission of duty on his part cannot have the effect to release either the…
2Cases cited1 opinion
- United States v. PrescottSupreme Court of the United States · 1845
3Cited by14 opinions
- Tillinghast v. . MerrillNew York Court of Appeals · 1896
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- Van Trees v. Territory of OklahomaSupreme Court of Oklahoma · 1898
- People v. McGrathIllinois Supreme Court · 1917
- Thomssen v. County of HallNebraska Supreme Court · 1902
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