Blackman v. Town of Dunkirk
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dam County. Action upon a claim for $200 for .bounty, assigned to the plaintiffs by one Cook, who had volunteered, was enlisted and accepted into the service of the United States in January, 1864. The assignment was made February 2d, and the plaintiffs filed it with the town clerk on the 10th of the same month, together with proof that said Cook had been mustered into the service and credited to said town.
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APPEAL from the Circuit Court for Dam County. Action upon a claim for $200 for .bounty, assigned to the plaintiffs by one Cook, who had volunteered, was enlisted and accepted into the service of the United States in January, 1864. The assignment was made February 2d, and the plaintiffs filed it with the town clerk on the 10th of the same month, together with proof that said Cook had been mustered into the service and credited to said town. The defendant introduced in evidence a record of the proceedings of the board of supervisors of said town, on the 27th of January, 1864, at which there…
1Opinion of the Court
By the Court,
Cole, J.
We are of the opinion that the court erred in the last instruction. which it gave the jury, in regard to the effect of the record. The circuit court said that it had admitted the record of the allowance of the claim, and the orders issued by the board on the 27th day of January, as being in law sufficient to discharge the board of any further action in the matter, and that under this ruling the plaintiffs could not recover. The error in this instruction was in not submitting to the jury the question whether the orders issued were delivered to Cook, or to his authorized…
2Cited by2 opinions
- Jaquish v. Town of IthacaWisconsin Supreme Court · 1874
- State ex rel. Bancroft v. StumpfWisconsin Supreme Court · 1867