Merrell v. Campbell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Crawford County. The board of supervisors of Crawford county allowed certain claims of the principal defendant, Bryan J. Castle, against the county; and, pursuant to the direction of the board, county orders for the sum so allowed, payable to Castle, were made out by the appellant, James E. Campbell, the county clerk, and signed by the proper officers.
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APPEAL from the Circuit Court for Crawford County. The board of supervisors of Crawford county allowed certain claims of the principal defendant, Bryan J. Castle, against the county; and, pursuant to the direction of the board, county orders for the sum so allowed, payable to Castle, were made out by the appellant, James E. Campbell, the county clerk, and signed by the proper officers. These orders were not delivered to Castle, but immediately after they were so made out and signed, and before they had been detached from the stub book in the clerk’s office, the clerk was summoned as garnishee…
1Opinion of the CourtLyost, J.
Until the county orders in question were delivered to Castle, he had no property in them. Before such delivery, it was competent for the board of supervisors to reconsider their action in allowing Castle’s accounts, and to direct the orders to be cancelled. Had the board done so, the remedy of Castle would have been upon his original claims against the county, not upon the orders which had never been delivered to him. In this respect the case is the same as though A., being indebted to B., agrees to give the latter his note for the amount of the debt, and actually makes out and’signs a note…
2Cases cited3 opinions
- Burnham v. City of Fond du LacWisconsin Supreme Court · 1862
- Buffham v. City of RacineWisconsin Supreme Court · 1870
- Hill v. La Crosse & Milwaukee RailroadWisconsin Supreme Court · 1861
3Cited by11 opinions
- Bates v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
- City of Sherman v. ShobeTexas Supreme Court · 1900
- State ex rel. Summerfield v. TylerWashington Supreme Court · 1896
- Duval County v. Charleston Lumber & Manufacturing Co.Supreme Court of Florida · 1903
- Wilkinson v. HoffmanWisconsin Supreme Court · 1884
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