Land, Log & Lumber Co. v. McIntyre
Wisconsin Supreme Court
Appeal from an order of the circuit court for Yilas county: "W. E. Bailet, Judge. Action against F. W. Melntyre and P. J. O’Malley, members of the county board of Yilas county from April, 1894, to April, 1895, Melntyre being chairman of the board, to compel them to account and pay over to such county, for its use, moneys alleged to have been, through fraudulent and illegal practices, squandered, misapplied, and converted to their own use.
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Appeal from an order of the circuit court for Yilas county: "W. E. Bailet, Judge. Action against F. W. Melntyre and P. J. O’Malley, members of the county board of Yilas county from April, 1894, to April, 1895, Melntyre being chairman of the board, to compel them to account and pay over to such county, for its use, moneys alleged to have been, through fraudulent and illegal practices, squandered, misapplied, and converted to their own use. The county is joined as a defendant, and the complaint contains the usual allegations of a demand on the county board to prosecute for the wrongs complained…
1Opinion of the CourtMarshall, J.
Most of the questions presented on this appeal are ruled against appellant in Land, Log & Lumber Co. v. McIntyre, ante, p. 245, and so far, reference to what is there said is sufficient.
The sole cause of action stated in the complaint is for a recovery, from appellant and his associate O’Malley, of money for the use of the county, which they, while managing its affairs as members of its board of supervisors, are alleged to have fraudulently misapplied, misappropriated, or lost. That such conduct on the part of the managing officers of a corporation, whether public or private, renders them…
2Cases cited5 opinions
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- City of Boston v. SimmonsMassachusetts Supreme Judicial Court · 1890
- People of the State of N.Y. v. . TweedNew York Court of Appeals · 1875
- Steele v. DunhamWisconsin Supreme Court · 1870
- Gores v. DayWisconsin Supreme Court · 1898
3Cited by11 opinions
- Lister v. Board of Regents of the University of Wisconsin SystemWisconsin Supreme Court · 1976
- Boring v. OttWisconsin Supreme Court · 1909
- Balch v. BeachWisconsin Supreme Court · 1903
- Waddill v. . MastenSupreme Court of North Carolina · 1916
- Ford v. Kenosha CountyWisconsin Supreme Court · 1991
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