Board of School Directors v. Kuhnke
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county:- F. 0. Eschweilbe, Circuit Judge. Tbis is an action against tbe sureties upon the official bond of a school district treasurer to recover for an alleged breach thereof. The facts were not seriously in dispute.
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Appeal from a judgment of the circuit court for Milwaukee county:- F. 0. Eschweilbe, Circuit Judge. Tbis is an action against tbe sureties upon the official bond of a school district treasurer to recover for an alleged breach thereof. The facts were not seriously in dispute. One John F. Peterson (the principal in the bond in suit, but now deceased) was elected treasurer of the plaintiff school district on the first Monday in July, 1905. He gave the bond in suit conditioned as required by statute in June, 190G, and the bond was approved and filed as provided by sec. 443, Stats. 1911. Peterson…
1Opinion of the Court
WiNsnow, 0. J.
The action should have been brought in the corporate name of tbe district, viz. “School District Nuin--ber Three of tbe Town of Lake.” ’ Sec. 417, Stats. 1911. Tbe .error in tbe title of tbe action, however, is not substantial. Tbe district board is made up of the director, the treas-' urer, and tbe clerk (sec. 432, Stats. 1911), and it is tbe duty of tbe director to prosecute actions for breach of tbe treasurer’s bond “in tbe name of the district.” Sec. 442, Stats. 1911. A recovery in tbe name of the district' board instead of in tbe name of tbe district itself would…
2Cases cited3 opinions
- Supervisors of Omro v. KaimeWisconsin Supreme Court · 1876
- State ex rel. Wheeler v. NoblesWisconsin Supreme Court · 1901
- City of Fond du Lac v. MooreWisconsin Supreme Court · 1883