State ex rel. Guenther v. Miles
Wisconsin Supreme Court
The state treasurer filed his petition in this court, stating and alleging that, during the year 1880, the, county treasurer of Rock county, the respondent, received certain sums of money for “licenses, fines and penalties,” payable to the state treasurer, and that, upon demand, he had failed to transmit to the state treasurer a statement thereof, or to pay over such money to him as required by R. S., 252, sec. 715, subd. 5. A writ of mandamus in that behalf, to such county…
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The state treasurer filed his petition in this court, stating and alleging that, during the year 1880, the, county treasurer of Rock county, the respondent, received certain sums of money for “licenses, fines and penalties,” payable to the state treasurer, and that, upon demand, he had failed to transmit to the state treasurer a statement thereof, or to pay over such money to him as required by R. S., 252, sec. 715, subd. 5. A writ of mandamus in that behalf, to such county treasurer, was prayed. Thereupon an alternative writ of mandamus was allowed and issued, commanding the respondent to…
1Opinion of the CourtLyon, J.
The constitution provides that the clear proceeds of all fines collected in the several counties for any breach of the penal laws, shall constitute a part of the school fund of the state. Article X, sec. 2. The statute provides that it shall be the duty of the county treasurer to transmit to the state treasurer, at the time he is required by law to pay the state taxes, a particular statement, verified by his affidavit indorsed upon or attached thereto, of all moneys received by him during the preceding year, and which are payable to the state treasurer, for licenses, fines, penalties, or on…
2Cases cited2 opinions
- Lynch v. The Steamer "Economy"Wisconsin Supreme Court · 1870
- People ex rel. Board of Education v. Treasurer of Wayne CountyMichigan Supreme Court · 1860
3Cited by10 opinions
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- State Ex Rel. Commissioners of Public Lands v. AndersonWisconsin Supreme Court · 1973
- Shore v. EdmistenSupreme Court of North Carolina · 1976
- City of Oshkosh v. SchwartzWisconsin Supreme Court · 1882
- Gunn v. Mahaska CountySupreme Court of Iowa · 1912
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