Legal Opinion

Town of Marinette v. Board of Supervisors of Oconto County

Wisconsin Supreme Court

Decided August 15, 1879PublishedCited by 5 opinions

APPEAL from the Circuit Court for Oconto County. The defendant board appealed fi-om a judgment in favor of the plaintiff town. The case wrill sufficiently appear from the opinion. They contended, 1. That the statute (Tay. Stats., 421, § 109) required the town treasurer to retain in his hands “ the amount specified in his warrant to be paid into the town treasury,” after paying the state tax in full; that the warrant in this case, following the statute (Tay.

Read the full summary

APPEAL from the Circuit Court for Oconto County. The defendant board appealed fi-om a judgment in favor of the plaintiff town. The case wrill sufficiently appear from the opinion. They contended, 1. That the statute (Tay. Stats., 421, § 109) required the town treasurer to retain in his hands “ the amount specified in his warrant to be paid into the town treasury,” after paying the state tax in full; that the warrant in this case, following the statute (Tay. Stats., 410-11, § 67), commanded the town treasurer, first, to pay to the county treasurer the whole amount levied for state tax;…

1Opinion of the CourtTaylok, J.

This action was brought by the town of Mari-nette, respondent, to recover of the county of Oconto the value of certain county orders which were received by the treasurer of the town of Marinette in payment of taxes, and which were by him paid over to the county treasurer of said county, on,his settlement with such treasurer, for the taxes collected by him in his town. The claim of the plaintiff is, that the treasurer of said town did not collect enough taxes. *219exclusive of such, county orders, to pay the state tax and the whole of the town taxes, and that it' was the duty of the town…

2Cases cited3 opinions

  1. Pelton v. Supervisors of Crawford CountyWisconsin Supreme Court · 1859
  2. Winchester v. TozerWisconsin Supreme Court · 1869
  3. Wolff v. StoddardWisconsin Supreme Court · 1870

3Cited by5 opinions

  1. Cranberry Creek Drainage District v. La VigneWisconsin Supreme Court · 1930
  2. Oneida County v. TibbitsWisconsin Supreme Court · 1905
  3. Krahn v. GoodrichWisconsin Supreme Court · 1917
  4. Town of Bell v. Bayfield CountyWisconsin Supreme Court · 1931
  5. Smith v. GrimshawWisconsin Supreme Court · 1926

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API