Town of Milwaukee v. County of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: EugeNe S. Elliott, Circuit Judge. Tbis is an. action for money bad and received. It was commenced by the filing of a claim by the plaintiff with the county board of the defendant, claiming to recover the sum of $525. The claim was disallowed by the county board, and the plaintiff appealed to the circuit court. Trial by jury was waived, and the action was tried by the court.
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Appeal from a judgment of the circuit court for Milwaukee county: EugeNe S. Elliott, Circuit Judge. Tbis is an. action for money bad and received. It was commenced by the filing of a claim by the plaintiff with the county board of the defendant, claiming to recover the sum of $525. The claim was disallowed by the county board, and the plaintiff appealed to the circuit court. Trial by jury was waived, and the action was tried by the court. The facts material to the case were substantially undisputed, and were as follows: In 1892 the village of Whitefish Bay was organized under the provisions…
1Opinion of the CourtWiNsxow, J.
This case seems to be governed by very ■plain and well-understood principles of law. The organization known as the “Village of Whitefish Bay” borrowed of the state $525. The town of Milwaukee did not borrow this :sum, nor become liable for its repayment. The county, as the agent of the state, collected this sum twice, — once from the debtor, and once from the town. It has fully paid the •state, and still has $525 in its treasury which belongs neither to it nor to the state. To whom does it belong ? Plainly to the town. Some confusion seems to have arisen in the minds ■of the legal advisers of…
2Cases cited2 opinions
- Town of Winneconne v. Village of WinneconneWisconsin Supreme Court · 1901
- Town of Winneconne v. Village of WinneconneWisconsin Supreme Court · 1901
3Cited by4 opinions
- City of Milwaukee v. Milwaukee CountyWisconsin Supreme Court · 1965
- Conway v. Town of Grand ChuteWisconsin Supreme Court · 1916
- Town of Conover v. Eagle River Joint Union Free High School DistrictWisconsin Supreme Court · 1933
- Village of Niagara v. Town of NiagaraWisconsin Supreme Court · 1932