Legal Opinion

County Board of Supervisors v. Dunning

Wisconsin Supreme Court

Decided January 15, 1866PublishedCited by 20 opinions

APPEAL from tlie Circuit Court for Dane Comity. Action against Dunning as former treasurer of said county, and the sureties on his official bond, for alleged breaches thereof.

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APPEAL from tlie Circuit Court for Dane Comity. Action against Dunning as former treasurer of said county, and the sureties on his official bond, for alleged breaches thereof. These breaches consisted in the failure to account for and pay over to his successor in office certain moneys, such as the ■five per cent added by statute to unpaid taxes, twelve per cent, interest charged on delinquent taxes, and various fees and charges, erroneous credits and footings, and moneys collected by sales of land for delinquent taxes, but which the county was obliged afterwards to refund because the taxes on…

1Opinion of the CourtDowner, J.

The circuit court, on the motion of the plaintiff, ordered that it be referred to three referees to hear and determine the whole issue in this cause, and that they should state the facts found by them and their conclusions of law separately, and report their findings together with the evidence to the court. It is contended by the appellants (defendants’ below), that this order violates their right of trial by jury. The order was made pursuant to the provisions of chapter 288, Laws of 1864, which provides for a compulsory reference where the trial of an issue of fact will require the…

2Cited by20 opinions

  1. Crocker v. StateWisconsin Supreme Court · 1884
  2. Tribou & McPhee v. StrowbridgeOregon Supreme Court · 1879
  3. McLennan v. ChurchWisconsin Supreme Court · 1916
  4. La Croix v. County CommissionersSupreme Court of Connecticut · 1882
  5. Carpenter v. ShepardsonWisconsin Supreme Court · 1877

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