Supervisors of Franklin v. Kirby
Wisconsin Supreme Court
APPEAL' from the Circuit Court for Manitowoc County. Action commenced in February, 1869, against Kirby as principal and the other two defendants as sureties, upon the bond given by Kirby as treasurer of said town, April 7, 1865. The condition of the bond was, that Kirby should faithfully discharge the duties of said office, “and faithfully and truly account.for and pay over, according to law, all moneys” which should come into his hands as such treasurer.
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APPEAL' from the Circuit Court for Manitowoc County. Action commenced in February, 1869, against Kirby as principal and the other two defendants as sureties, upon the bond given by Kirby as treasurer of said town, April 7, 1865. The condition of the bond was, that Kirby should faithfully discharge the duties of said office, “and faithfully and truly account.for and pay over, according to law, all moneys” which should come into his hands as such treasurer. The complaint avers that Kirby, in pursuance of his duties as such town treasurer, collected the tax of said town for 1865, amounting to…
1Opinion of the Court
Paiwe, «7.
This is an action brought against the town treasurer upon Ms official bond. The complaint was demurred to, for the reason, among others, that it did not state facts sufficient to constitute a cause of action. This objection seems to me well taken. There are not enough facts stated to show that the treasurer is in default. After showing that money came into Ms hands as treasurer, the only way in which any breach of. the bond is attempted to be shown is by alleging, generally, that he “had not accounted for or paid over” all the money he received, “as required by law,” though often…
2Cases cited1 opinion
- Coe v. RankinU.S. Circuit Court for the District of Michigan · 1852
3Cited by8 opinions
- Supervisors of Kewaunee County v. DeckerWisconsin Supreme Court · 1872
- Cairns v. O'BlenessWisconsin Supreme Court · 1876
- Carberry v. German Insurance Co. of Freeport, IllinoisWisconsin Supreme Court · 1881
- Village of Prentice v. NelsonWisconsin Supreme Court · 1908
- Board of Supervisors v. VivianWisconsin Supreme Court · 1872
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