American Wrecking Co. v. McManus
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. On the 6th day of April, 1918, a writ of restitution was issued out of the civil court of Milwaukee county upon a judgment therein rendered in favor of the Vogel Real Estate Company and against the Builders’ Mortar &■ Supply Company, commanding the sheriff of Milwaukee county, taking with him the force of the county if necessary, to cause the said Builders’ Mortar & Supply…
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Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. On the 6th day of April, 1918, a writ of restitution was issued out of the civil court of Milwaukee county upon a judgment therein rendered in favor of the Vogel Real Estate Company and against the Builders’ Mortar &■ Supply Company, commanding the sheriff of Milwaukee county, taking with him the force of the county if necessary, to cause the said Builders’ Mortar & Supply Company to be immediately removed from the premises therein described, and that the plaintiff have peaceable restitution of…
1Opinion of the Court
The following opinion was filed February 8, 1921:
Owen, J.
In support of the judgment appealed from respondent first relies upon the principle of law that a public officer acting within the scope of his authority and within his official capacity is not personally liable on contracts executed in behalf of the government unless he expressly and unequivocally agrees to be bound, and cites to this proposition, among other authorities, the case of McCurdy v. Rogers, 21 Wis. 197, where the following language is used:
“The law raises a very strong presumption against any credit being given to a public…
Also in this document: Per curiam.
2Cases cited18 opinions
- McCurdy v. RogersWisconsin Supreme Court · 1866
- Carlisle v. Estate of SouleSupreme Court of Vermont · 1872
- Filer & Stowell Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1915
- Gaertner v. BuesWisconsin Supreme Court · 1901
- Ramsey v. StrobachSupreme Court of Alabama · 1875
13 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stammer v. KitzmillerWisconsin Supreme Court · 1937
- Turk v. H. C. Prange Co.Wisconsin Supreme Court · 1963
- Coraci v. NoackWisconsin Supreme Court · 1973
- Ledvina v. EbertWisconsin Supreme Court · 1941
- Crossman v. GippWisconsin Supreme Court · 1962
7 more not listed; retrieve them via the Exa API.