Legal Opinion

Waukesha County v. Village of Waukesha

Wisconsin Supreme Court

Decided January 18, 1891PublishedCited by 2 opinions

APPEAL from the Circuit Court for Milwaukee County. The facts will sufficiently appear from the opinion and from the reported cases of Mickell v. Waukesha Co. 62 Wis. 469, and Chafin v. Waukesha Co. id. 463. Upon the trial a ■verdict was directed in favor of the plaintiff, and from the judgment thereon the defendant appeals.

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APPEAL from the Circuit Court for Milwaukee County. The facts will sufficiently appear from the opinion and from the reported cases of Mickell v. Waukesha Co. 62 Wis. 469, and Chafin v. Waukesha Co. id. 463. Upon the trial a ■verdict was directed in favor of the plaintiff, and from the judgment thereon the defendant appeals. They contended, inter alia, that unless the defendant imprisoned or caused to be imprisoned the persons for whose keeping the plaintiff claims the right to recover, it cannot be held liable. It nowhere appears that the defendant was in any way connected with the bringing…

1Opinion of the CourtOetoN, J.

In this action the county seeks to recover of the village of Waukesha what the county was adjudged to pay to the sheriff of said county, for his fees and charges for keeping in the county jail prisoners convicted of the violation of á village ordinance against drunkenness, in the case of Nickell v. Waukesha Oo., reported in 62 Wis. 469. It was held in that case that the county was primarily liable for such fees and charges, and that it has a right of action over against the village for the amount so paid therefor. It was also held in that ease that the sheriff’s charges for serving process,…

2Cases cited2 opinions

  1. Chafin v. Waukesha CountyWisconsin Supreme Court · 1885
  2. Nickell v. Waukesha CountyWisconsin Supreme Court · 1885

3Cited by2 opinions

  1. City of Milwaukee v. Milwaukee CountyWisconsin Supreme Court · 1965
  2. Lewis v. City of MiamiSupreme Court of Florida · 1937

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