Legal Opinion

Town of Remington v. Ward

Wisconsin Supreme Court

Decided January 13, 1891PublishedCited by 5 opinions

APPEAL from the Circuit Court for Wood County. Action to recover the sum of $300 received by the defendant as chairman of the plaintiff town, and alleged to have been wrongfully retained by him and converted to his own use. The facts will sufficiently appear from the opinion. A jury was waived, and the trial by the court resulted in findings and a judgment in favor of plaintiff. The defendant appeals from the judgment.

1Opinion of the CourtCole, J.

¥e see no reason for reversing the judgment of the circuit court in this case. It seems to us the liability of the defendant, upon the evidence, is clear and certain. The county board, it appears, appropriated to the plaintiff town $300, to be paid to the town for bridge purposes. This money the defendant received, and has failed to account for it to the town. He was chairman of the plaintiff town at the time, and, of course, a member of the county board. That the money was appropriated to the plaintiff town, and that it was received by the defendant for the town, are facts so clearly and…

2Cases cited4 opinions

  1. Cairns v. O'BlenessWisconsin Supreme Court · 1876
  2. Kiewert v. RindskopfWisconsin Supreme Court · 1879
  3. Casper v. StateWisconsin Supreme Court · 1879
  4. Town of La Pointe v. Town of AshlandWisconsin Supreme Court · 1879

3Cited by5 opinions

  1. Cowin v. HurstMichigan Supreme Court · 1900
  2. Outagamie County v. ZuehlkeWisconsin Supreme Court · 1917
  3. Hurd v. DotyWisconsin Supreme Court · 1893
  4. Town of Grand Chute v. HerrickWisconsin Supreme Court · 1916
  5. Town of Rolling v. WunderlichWisconsin Supreme Court · 1909

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