Legal Opinion

Washburn County v. Thompson

Wisconsin Supreme Court

Decided May 24, 1898PublishedCited by 17 opinions

Appeal from a judgment of the circuit court for WAsh-burn county: A. J. Yihje, Circuit Judge. The action, was to recover of the defendant Shell Lake Savings Bank, as principal, and the other defendants as sureties, $14,354.57 on a bond given by such bank to the plaintiff, with interest thereon from the 3d day of February, 1896. The complaint, in addition to a copy of the bond, contained appropriate allegations showing performance of all the conditions precedent to the right…

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Appeal from a judgment of the circuit court for WAsh-burn county: A. J. Yihje, Circuit Judge. The action, was to recover of the defendant Shell Lake Savings Bank, as principal, and the other defendants as sureties, $14,354.57 on a bond given by such bank to the plaintiff, with interest thereon from the 3d day of February, 1896. The complaint, in addition to a copy of the bond, contained appropriate allegations showing performance of all the conditions precedent to the right of the •county to recover thereon if the bond was a valid obliga-' tion. The principal issues raised by the pleadings…

1Opinion of the CourtMaRshall, J.

This appeal turns on the question of whether the bond sued on is a valid obligation, and that is subdivided into whether the county board had power, under the circum*591stances, to take the first bond, and whether there was sufficient consideration for it to bind the obligors. In considering the subject, if the antecedent propositions, taken as the-groundwork for discussion and reasoning, are wrong, however logically and clearly the ultimate conclusion be reached, the fault existing at the start will necessarily be retained at-the finish, and such result be of no value as an aid to a proper…

2Cases cited3 opinions

  1. Agnew v. BrallIllinois Supreme Court · 1888
  2. Collins v. WelchSupreme Court of Iowa · 1882
  3. Town of Butternut v. O'MalleyWisconsin Supreme Court · 1880

3Cited by17 opinions

  1. Oakman v. City of EvelethSupreme Court of Minnesota · 1925
  2. Franklin County v. CarstensWashington Supreme Court · 1912
  3. Schneider v. City of MenashaWisconsin Supreme Court · 1903
  4. Clark County v. LewisNevada Supreme Court · 1972
  5. Kircher v. PedersonWisconsin Supreme Court · 1903

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