Land, Log & Lumber Co. v. McIntyre
Wisconsin Supreme Court
Appeal from an order of the circuit court for Tilas county: W. F. Bailey, Judge. Action to charge defendant F. W. McIntyre as trustee of defendant Tilas county, of certain moneys alleged to have been corruptly drawn by him from its treasury, and to compel him to, account therefor and pay the same over to such county for its use, the amount involved being $1,163.65. The complaint contains three causes of action, the facts being to the effect that, from April, 1894, to April,…
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Appeal from an order of the circuit court for Tilas county: W. F. Bailey, Judge. Action to charge defendant F. W. McIntyre as trustee of defendant Tilas county, of certain moneys alleged to have been corruptly drawn by him from its treasury, and to compel him to, account therefor and pay the same over to such county for its use, the amount involved being $1,163.65. The complaint contains three causes of action, the facts being to the effect that, from April, 1894, to April, 1895, while chairman of the board of supervisors of the county, McIntyre filed numerous bills for illegal claims against…
1Opinion of the CourtMarshall, J.
It is suggested by appellant’s counsel in support of the demurrer to the cause of action to recover back illegal compensation for supervisor’s services, alleged to have been paid by the county to appellant, that plaintiffs have an adequate remedy at law under secs. 2955-2957, E. S. 1878. That gives aperson aggrieved by an officer’s demanding and receiving of him illegal fees or compensation, a remedy at law to recover the same back, with a penalty of $25. True, if plaintiffs have an adequate, or any, remedy under such section, it is an objection to the sufficiency of the complaint that may be…
2Cases cited19 opinions
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- People of the State of N.Y. v. . IngersollNew York Court of Appeals · 1874
- Melms v. Pabst Brewing Co.Wisconsin Supreme Court · 1896
- Hinz v. Van DusenWisconsin Supreme Court · 1897
14 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Northern Trust Co. v. SnyderWisconsin Supreme Court · 1902
- Luther v. C. J. Luther Co.Wisconsin Supreme Court · 1903
- Huber v. MartinWisconsin Supreme Court · 1906
- Lindemann v. RuskWisconsin Supreme Court · 1905
- Johnson v. BlackSupreme Court of Virginia · 1905
56 more not listed; retrieve them via the Exa API.