Pelton v. Supervisors of Crawford County
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, CRAWFORD COUNTT. This was an action brought on the 16th of March, 1858, against the county of Crawford, to recover a judgment upon a county order, signed by two of the commissioners of the county, and dated the 29th of May, 1843, and presented for payment on the 31st of October, 1843, and payment refused by the treasurer, “ for want of funds in the treasury.”
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APPEAL PROM CIRCUIT COURT, CRAWFORD COUNTT. This was an action brought on the 16th of March, 1858, against the county of Crawford, to recover a judgment upon a county order, signed by two of the commissioners of the county, and dated the 29th of May, 1843, and presented for payment on the 31st of October, 1843, and payment refused by the treasurer, “ for want of funds in the treasury.” The complaint claimed the amount of the order, $90 86, and interest, from the date of presentation. The answer set up, 1, denied the making and presentation within six years; 2, denied the presentation to the…
1Opinion of the Court
By the Court,
Cole, J.
We have decided at the present term, in the case of Savage vs. The Board of Supervisors of Crawford County, supra 49, that an action might be maintained mpon a county order after the same had been presented to the county treasurer, and payment by him refused, for want of funds. The order in this case was issued in 1843, and in that year presented to the county treasurer, and payment refused. The respondent commenced his action upon the order in 1858, and the county, among other defences, has set up the statute of limitations. . We are of the opinion that the statute bars…
2Cases cited1 opinion
- Lyell v. Lapeer CountyU.S. Circuit Court for the District of Michigan · 1855
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- Western Town Lot Co. v. LaneSouth Dakota Supreme Court · 1895
- Roulland v. GrayCalifornia Court of Appeal · 1916
- Town of Marinette v. Board of Supervisors of Oconto CountyWisconsin Supreme Court · 1879
- Schloss v. Board of Co. CommissionersColorado Court of Appeals · 1891
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