Wolff v. Stoddard
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. Action by Wolff, as county treasurer of Sheboygan county, against Stoddard, as town treasurer of a certain town therein, and against the sureties on his official bond.
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APPEAL from the Circuit Court for Sheboygan County. Action by Wolff, as county treasurer of Sheboygan county, against Stoddard, as town treasurer of a certain town therein, and against the sureties on his official bond. The complaint, after alleging that Stoddard, as such town treasurer, had executed such bond, and that the other defendants had executed the same as sureties, etc., merely avers further, that Stoddard “has not duly and faithfully performed the duties of his office, and has not faithfully and truly accounted for and paid over, according to law, all the state and county taxes…
1Opinion of the CourtPaine, J.
This was an action by the connty treasurer against the town treasurer, on the bond given by the latter to secure the payment to the former of the state and county taxes which the town treasurer might collect. The judgment would have to be reversed under the ruling of this court in Winchester v. Tozer, 24 Wis. 312, which was adhered to after an elaborate argument on a motion for rehearing.
But a majority of the court think, also, that the complaint was fatally defective in not sufficiently showing any breach of the condition of the bond. The allegation is merely general, that the defendant had…
2Cases cited1 opinion
- Winchester v. TozerWisconsin Supreme Court · 1869
3Cited by4 opinions
- Carberry v. German Insurance Co. of Freeport, IllinoisWisconsin Supreme Court · 1881
- Town of Bell v. Bayfield CountyWisconsin Supreme Court · 1931
- Village of Prentice v. NelsonWisconsin Supreme Court · 1908
- Town of Marinette v. Board of Supervisors of Oconto CountyWisconsin Supreme Court · 1879