Legal Opinion

State v. Harshaw

Wisconsin Supreme Court

Decided April 11, 1893PublishedCited by 2 opinions

APPEALS from the Circuit Court for Dane County. The opinion states the facts. contended, inter alia, that the finding and judgment cannot logically rest on the opinion filed by the trial court. If the dealings of the treasurer With the public funds were unlawful, his acts were never adopted or ratified by the state so as to entitle it to stand as principal in the contract and demand the fruits thereof.

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APPEALS from the Circuit Court for Dane County. The opinion states the facts. contended, inter alia, that the finding and judgment cannot logically rest on the opinion filed by the trial court. If the dealings of the treasurer With the public funds were unlawful, his acts were never adopted or ratified by the state so as to entitle it to stand as principal in the contract and demand the fruits thereof. State-v. Buttles, 3 Ohio St. 319; State v. Keim, 8 Neb. 63; Me-chem, Agency, secs. 111-126, 130, 136; Ooók v. Tullís, 18-Wall. 332-338; Ooleman v. Darling, 66 Wis. 160; MeOraeken 'o. San…

1Opinion of the Court

' The following opinion was filed January 10, 1893:

LyoN, 0, J.

There are two appeals in this action,— one by the defendant Henry B. Harshaw, and the other by all the remaining defendants. Such appeals are from the judgment of the circuit court in favor of the state and against all the defendants.

The defendant Harshaw was state treasurer for the term commencing on the first Monday in January, 1889, and ending on the first Monday in January, 1891. The defendants Sawyer, Hay, McMillen, Porter, and Hooper, together with Charles B. Clark, now deceased, are the sureties in his official bond as such…

2Cited by2 opinions

  1. State v. JohnsonWisconsin Supreme Court · 1925
  2. Thompson v. Territory of OklahomaSupreme Court of Oklahoma · 1900

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