Bulger v. Moore
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathón County. The case is sufficiently stated in the opinion. He contended, inter alia, that the statute requires “ the county clerk ” to execute tax deeds for the county and state “as county clerk.” Sec. 1176, E. S. The form given requires him to add to his signature his official designation. Sec. 1178. Such statutory requirements have ordinarily been held imperative, and not advisory.
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APPEAL from the Circuit Court for Marathón County. The case is sufficiently stated in the opinion. He contended, inter alia, that the statute requires “ the county clerk ” to execute tax deeds for the county and state “as county clerk.” Sec. 1176, E. S. The form given requires him to add to his signature his official designation. Sec. 1178. Such statutory requirements have ordinarily been held imperative, and not advisory. Lain v. Cook, 15 Wis. 446; Lam v. Shepardson, 18 id. 59; Wake-ley v. Mohr, id. 321; Smith v. Todd, 55 id. 459; Breutzer v. Smith, 56 id. 292; Chase v. Sparhawk, 22 N. H.…
1Opinion of the Court
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This is an action of ejectment, the plaintiff being tbe original owner of the premises and the defendant claiming title thereto by virtue of a tax deed; and the defendant recovered on the ground, as the court found, “ that the tax deed is valid on its face; ” and this is the only question presented to this court. The only objection to the tax deed urged here is that it was executed in the following form:
“ In testimony whereof, I, Henry Miller, the clerk of the hoard of supervisors of the county of Marathon, have executed this deed pursuant to and by virtue of the authority in me…
2Cases cited3 opinions
- Scheiber v. KaehlerWisconsin Supreme Court · 1880
- Klauber v. CharltonWisconsin Supreme Court · 1878
- Knox v. HuidekoperWisconsin Supreme Court · 1867
3Cited by4 opinions
- (1974), Wisconsin Attorney General Reports1974
- Hiles v. AtleeWisconsin Supreme Court · 1895
- Brown v. CohnWisconsin Supreme Court · 1893
- Laughlin v. KieperWisconsin Supreme Court · 1905