Legal Opinion

State ex rel. Wolff v. Board of Supervisors

Wisconsin Supreme Court

Decided June 15, 1871PublishedCited by 16 opinions

APPEAL from tbe Circuit Court for Sheboygan County. Tbis was an application by a former county treasurer of She-boygan county, for a peremptory writ of mandamus, to compel the county board of supervisors to audit and allow certain portions of his accounts as such treasurer, which they had, at two annual sessions, refused to allow.

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APPEAL from tbe Circuit Court for Sheboygan County. Tbis was an application by a former county treasurer of She-boygan county, for a peremptory writ of mandamus, to compel the county board of supervisors to audit and allow certain portions of his accounts as such treasurer, which they had, at two annual sessions, refused to allow. The relation states, in substance, that the relator, as treasurer, was in November, 1867, instructed and directed by the county board, to investigate cases coming to his knowledge, wherein it was alleged by the holders of tax certificates or tax deeds that, on…

1Opinion of the CourtCole, J.

It seems to us that the relator took a very correct view of the law, and of his duty to refund the money due upon *82the tax certificates mentioned in the relation when they were presented to him for payment. The statute is very clear and explicit on the subject. Section 26, chapter 22, Laws of 1859, enacts that after a certificate shall have been issued at a tax sale, if the clerk of the board discovers “ that for any error or irregularity, the lands sold ought not to be conveyed, he shall not convey the same, and the county treasurer shall, on demand, refund the amount paid therefor on such…

2Cases cited2 opinions

  1. Stringham v. Board of SupervisorsWisconsin Supreme Court · 1869
  2. State ex rel. Van Vliet v. WilsonWisconsin Supreme Court · 1864

3Cited by16 opinions

  1. Nebraska Telephone Co. v. State ex rel. YeiserNebraska Supreme Court · 1898
  2. Finlay v. City of BostonMassachusetts Supreme Judicial Court · 1907
  3. State ex rel. City of New Orleans v. New Orleans & Carrollton RailroadSupreme Court of Louisiana · 1885
  4. State ex rel. Faires v. BuhlerSupreme Court of Missouri · 1886
  5. State ex rel. Clark v. SmithSupreme Court of Missouri · 1891

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