Town of Stinnett v. Noggle
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Wasbburn county: FeaNx A. Ross, Circuit Judge. This action is brought by the plaintiff to recover $593.81 from the defendant.
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Appeal from an order of tbe circuit court for Wasbburn county: FeaNx A. Ross, Circuit Judge. This action is brought by the plaintiff to recover $593.81 from the defendant. The complaint, among other things, alleged that at the municipal election held in said town in April, 1907, the defendant was duly elected and thereafter duly qualified as town treasurer of the plaintiff town and en-tei*ed upon the duties of his office; that at the municipal election held in said town in April, 1908, said defendant was elected for the period of one year, but that he failed to qualify by giving the required…
1Opinion of the CourtBarnes, J.
By subd. 6, sec. 836, Stats. (1898), it is provided that “It shall be the duty of the town treasurer . . . to deliver, on demand, to his successor in office, . . . all moneys in his hands as such treasurer.”
By sec. 819, Stats. (1898), as amended by ch. 55, Laws of 1901, town boards “are . . . authorized to make demand for payment to the town treasurer for any damages, penalties, forfeitures or moneys due hereunder to the town; for breaches of official bonds to the damage of the town, . . . and in case of failure to comply with said demand they may bring suit to recover said . . . moneys due…
2Cases cited2 opinions
- Orton v. NoonanWisconsin Supreme Court · 1872
- Town of Fox Lake v. President of Fox LakeWisconsin Supreme Court · 1885
3Cited by2 opinions
- Caspary v. HatchAppellate Division of the Supreme Court of the State of New York · 1913
- Sattler v. NiederkornWisconsin Supreme Court · 1926