Bullwinkel v. Guttenberg
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The plaintiffs, supervisors of the town of Jefferson in said county, brought this action for the use of the town, against Guttenberg as treasurer of said town, and the sureties on bis official bond.
Read the full summary
APPEAL from the Circuit Court for Jefferson County. The plaintiffs, supervisors of the town of Jefferson in said county, brought this action for the use of the town, against Guttenberg as treasurer of said town, and the sureties on bis official bond. The facts alleged in the complaint are substantially as follows: The amount of state, county, town and lo- • taxes to be levied upon the taxable property of said town the fall of 1860, was $5641.81; but the town clerk, about the second Monday' of December in that year, by fraud or mistake, “enlarged the ratio for computing the taxes,” so that…
1Opinion of the Court
By the Court,
PAINE, J.
There can be no doubt that the town treasurer should pay over to his successor whatever money remained in his hands, which he had collected as taxes. If the other taxing officers, by mistake, had required him to collect too much, that was a question to be settled between the town and those who paid it. The treasurer collected it by virtue of his office, by means of his tax list. And he is in no position to raise any question as to whether the whole amount *586was legally collected or not. If not, tbe town alone would have to refund. And the town must hold what it has…
2Cited by7 opinions
- Cairns v. O'BlenessWisconsin Supreme Court · 1876
- Wahlgren v. City of Kansas CitySupreme Court of Kansas · 1889
- Outagamie County v. ZuehlkeWisconsin Supreme Court · 1917
- Casper v. StateWisconsin Supreme Court · 1879
- Stahl v. O'MalleyWisconsin Supreme Court · 1876
2 more not listed; retrieve them via the Exa API.