County Board of Supervisors v. Jones
Wisconsin Supreme Court
ERROR to the Circuit Court for Jefferson County. The action below was brought by the Board of Supervisors of said county upon the official bond of Jones, who was county treasurer for two years from January 1, 1858. The complaint shows an accounting between said Jones and committees of the board of supervisors duly appointed for that purpose in November of each of the years 1859 and 1860 ; states the amount which was found chargeable to him in each year, the amount of credits…
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ERROR to the Circuit Court for Jefferson County. The action below was brought by the Board of Supervisors of said county upon the official bond of Jones, who was county treasurer for two years from January 1, 1858. The complaint shows an accounting between said Jones and committees of the board of supervisors duly appointed for that purpose in November of each of the years 1859 and 1860 ; states the amount which was found chargeable to him in each year, the amount of credits allowed, and the balance found due from him; and states in each case that there were several specified sums justly…
1Opinion of the Court
By the Court,
Dixon, O. J.
The facts stated are fully sufficient to authorize a recovery, unless the plaintiff is precluded from taking, advantage of the alleged mistakes upon which the action proceeds. This seems to be the substance of the objections principally urged in support of the demurrer. In trans*54actions between individuals, there can be no doubt that the inj ured party would have his remedy in such case. The settlement or account stated would be only prima facie evidence of its correctness. No reason is perceived why the accounts of public officers should be excluded from the operation…
2Cases cited1 opinion
- Supervisors of Chenango v. BirdsallNew York Supreme Court · 1830
3Cited by10 opinions
- Conway v. JohnSupreme Court of Colorado · 1890
- Ferry v. County of KingWashington Supreme Court · 1891
- Board of Supervisors v. PabstWisconsin Supreme Court · 1888
- Van Sickel v. County of BuffaloNebraska Supreme Court · 1882
- Kuker v. BeindorffNebraska Supreme Court · 1901
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