Willard v. Comstock
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The substance of the complaint is stated in the opinion. The defendants, Comstock and Lincoln County, answered separately. At the trial the defendant Comstock objected to the introduction of any evidence under the complaint, on the ground that it did not state facts sufficient to constitute a cause of action. The objection was sustained, and from the judgment dismissing the complaint the plaintiffs appealed.
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APPEAL from the Circuit Court for Dane County. The substance of the complaint is stated in the opinion. The defendants, Comstock and Lincoln County, answered separately. At the trial the defendant Comstock objected to the introduction of any evidence under the complaint, on the ground that it did not state facts sufficient to constitute a cause of action. The objection was sustained, and from the judgment dismissing the complaint the plaintiffs appealed. They argued, among other things: 1. The general demurrer does not raise the question of the plaintiffs’ capacity to sue. An objection on…
1Opinion of the CourtOrton, J.
The complaint substantially charges that the defendant Comstock fraudulently colluded with the chairman and other members of the board of supervisors of Lincoln county to obtain, at an exceedingly low and nominal value, the tax certificates belonging to said county, and that such corrupt and fraudulent scheme was carried into effect by the-sale by the county, by resolutions of the board, of a great, number of tax certificates, worth their face, if not worth more, at twenty-five per cent, of such value, and that such fraudulent scheme comprehended all the various purchases, which were made or…
2Cases cited14 opinions
- Newmeyer v. Mo. & Miss. R. R.Supreme Court of Missouri · 1873
- Whiting v. Sheboygan & Fond Du Lac RailroadWisconsin Supreme Court · 1870
- Judd v. Town of Fox LakeWisconsin Supreme Court · 1871
- Peck v. School District No. 4Wisconsin Supreme Court · 1867
- City of New London v. BrainardSupreme Court of Connecticut · 1852
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3Cited by30 opinions
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- Land, Log & Lumber Co. v. McIntyreWisconsin Supreme Court · 1898
- Kellogg v. School District No. 10 Comanche Co.Supreme Court of Oklahoma · 1903
- Pugnier v. RamharterWisconsin Supreme Court · 1957
- Webster v. Douglas CountyWisconsin Supreme Court · 1899
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