Legal Opinion

State v. Pederson

Wisconsin Supreme Court

Decided March 10, 1908PublishedCited by 13 opinions

Appeal from a judgment of the circuit court for Rusk county: Johw 3L Parish, Circuit Judge. This is an action commenced August 5, 1905, against the sureties upon the bond of the First National Bank of Lady-smith, a state depository. The bond was given to the state March 5, 1903, in the penal sum of $50,000, and conditioned to repay upon demand to the state treasurer, with interest,, all such state funds as said treasurer might deposit in said bank.

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Appeal from a judgment of the circuit court for Rusk county: Johw 3L Parish, Circuit Judge. This is an action commenced August 5, 1905, against the sureties upon the bond of the First National Bank of Lady-smith, a state depository. The bond was given to the state March 5, 1903, in the penal sum of $50,000, and conditioned to repay upon demand to the state treasurer, with interest,, all such state funds as said treasurer might deposit in said bank. The balance claimed to be due in the complaint was $8,488.70, but it appeared by the evidence that the.bank went into the hands of a receiver June…

1Opinion of the Court

The following opinion was filed January 28, 1908:

"WiNsnow, O. J.

The first question is whether the action shotdd have been dismissed because not brought by the attorney general, but by private counsel employed by the state treasurer. The solution of this question depends upon the construction given to the statutes which prescribe the respective duties of the attorney general and state treasurer, and the substance of these statutes will now be stated. The general provision prescribing the duties of the attorney general, sec. 163, Stats. (1898), provides, among other things, that it shall be his…

2Cases cited2 opinions

  1. Hart v. United StatesSupreme Court of the United States · 1877
  2. Faurote v. State ex rel. GordonIndiana Supreme Court · 1887

3Cited by13 opinions

  1. Lawrence v. American Surety Co.Michigan Supreme Court · 1933
  2. State v. United States Fidelity & Guaranty Co.Supreme Court of Kansas · 1910
  3. Maryland Casualty Co. v. Pacific CountyCourt of Appeals for the Ninth Circuit · 1917
  4. State v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1933
  5. State Ex Rel. Avery County v. BraswellSupreme Court of North Carolina · 1939

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