Stahl v. O'Malley
Wisconsin Supreme Court
APPEAL fz’om the Circuit Court for Ashland County. This action was brought by Stahl, as county treasurer, under sec. 170, ch. 18, E. S., against O ’Malley, as town treasurer, and the sureties upon his official bond, for his failure to pay over to plaintiff moneys of the county collected by such town treasurer.
Read the full summary
APPEAL fz’om the Circuit Court for Ashland County. This action was brought by Stahl, as county treasurer, under sec. 170, ch. 18, E. S., against O ’Malley, as town treasurer, and the sureties upon his official bond, for his failure to pay over to plaintiff moneys of the county collected by such town treasurer. The court (trying the cause without a jury) found, as facts, that the town clerk had delivered to O ’Malley, as town treasurer, the tax roll, with warrant annexed, which warrant commanded him to collect the taxes mentioned in the roll, and out of the moneys so collected,' after…
1Opinion of the Court
RyaN, O. J.
Tbe statute makes it tbe duty of tbe town clerk to deliver to tbe town treasurer a copy of tbe assessment roll of tbe town, witb tbe several amounts of tbe several taxes calculated .and. carried out in separate columns, witb tbe warrant of tbe town clerk attacked thereto, commanding tbe town treasurer to collect tbe tax. Tbe warrant specifies the amount of state tax which it commands the town treasurer first to pay to tbe county treasurer, specifies the amount of town tax which it commands tbe town treasurer to retain; commands the town treasurer to pay the balance of- tax…
2Cases cited4 opinions
- Du Pont v. DavisWisconsin Supreme Court · 1874
- Sprague v. BirchardWisconsin Supreme Court · 1853
- State ex rel. White v. WinnWisconsin Supreme Court · 1865
- Bullwinkel v. GuttenbergWisconsin Supreme Court · 1863
3Cited by5 opinions
- Power v. KindschiWisconsin Supreme Court · 1883
- Battles v. DollWisconsin Supreme Court · 1902
- Mudrock v. KillipsWisconsin Supreme Court · 1886
- State ex rel. Blaine v. EricksonWisconsin Supreme Court · 1919
- In re Application for License to Practice LawWest Virginia Supreme Court · 1910