Legal Opinion

Board of Supervisors v. Ehlers

Wisconsin Supreme Court

Decided August 15, 1878PublishedCited by 20 opinions

APPEAL from the Circuit Court for Kenosha County. The case is thus stated by Mr. Justice Tayloe: This action is brought upon the bond of Edward Elders, late treasurer of the county of Milwaukee, to recover of the sureties in said bond the sum of $10,150.80, for which sum it is alleged the late treasurer was a defaulter, and which he had failed to pay over to his successor in office. The answer is a general denial.

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APPEAL from the Circuit Court for Kenosha County. The case is thus stated by Mr. Justice Tayloe: This action is brought upon the bond of Edward Elders, late treasurer of the county of Milwaukee, to recover of the sureties in said bond the sum of $10,150.80, for which sum it is alleged the late treasurer was a defaulter, and which he had failed to pay over to his successor in office. The answer is a general denial. There is no dispute upon the evidence as to the fact that Elders was a defaulter in his accounts as treasurer, to the amount claimed by the plaintiffs; but it is insisted that the…

1Opinion of the CourtTaylok, J.

•We are of the opinion that the'finding of fact is fully sustained by the evidence in the case.

In the first place, the court might be justified in presuming that the finding of fact was sustained by the evidence, because the appellants have not pointed out wherein the evidence fails to support such finding. It becomes, we think, the duty of the party who takes an exception to a finding of fact, upon an appeal to this court, to point out wherein the evidence fails to establish such fact, and not leave the court to labor through a mass of undigested evidence to ascertain for itself where the…

2Cases cited9 opinions

  1. Rogers v. BradshawCourt for the Trial of Impeachments and Correction of Errors · 1823
  2. State v. YoungSupreme Court of Minnesota · 1877
  3. Alexander v. Mayor of AlexandriaSupreme Court of the United States · 1809
  4. Kelly & Co. v. Smith & ShotwellCourt of Appeals of Kentucky · 1858
  5. Howard v. SextonCourt for the Trial of Impeachments and Correction of Errors · 1845

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3Cited by20 opinions

  1. Logan v. BrownSupreme Court of Oklahoma · 1908
  2. Findley v. FindleyWest Virginia Supreme Court · 1896
  3. Kent v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
  4. Hulst v. Benevolent Hall Ass'nSouth Dakota Supreme Court · 1896
  5. Town of Whitestown v. Title Guaranty & Surety Co.New York Supreme Court · 1911

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