Reichert v. Milwaukee County
Wisconsin Supreme Court
Appeals from judgments of tlie circuit court for Milwaukee county: LAweeuce W. ITalset, Circuit Judge. These are separate appeals from two several judgments. The respondent Reichert filed with the county hoard of the appellant county a claim for allowance of interest based upon the facts hereinafter stated, and from a disallowance of that claim be appealed to the circuit court, which allowed the claim and gave him judgment thereon. The county appeals to this court.
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Appeals from judgments of tlie circuit court for Milwaukee county: LAweeuce W. ITalset, Circuit Judge. These are separate appeals from two several judgments. The respondent Reichert filed with the county hoard of the appellant county a claim for allowance of interest based upon the facts hereinafter stated, and from a disallowance of that claim be appealed to the circuit court, which allowed the claim and gave him judgment thereon. The county appeals to this court. The claim of Zautcke and others was of the same kind, took the same course, with the same result. The liability of the county for…
1Opinion of the CourtTijmliet, J.
These cases are argued by counsel for respondents and seem to have been decided by the court below upon the hypothesis that a county which is party to a land contract is under the same liability to pay interest as damages for delay as is a natural person under similar circumstances. This is erroneous. Indeed, there is a respectable array of authority to the effect that a county, being merely an arm or agency of the state, has, at least when carrying out a function of the state, the same exemption from liability for interest as has the state. Seton v. Hoyt, 34 Oreg. 266, 55 Pac. 967, 43 L. R.…
2Cases cited21 opinions
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- Seton v. HoytOregon Supreme Court · 1899
- Board of Supervisors of Clay County v. Board of Supervisors of Chickasaw CountyMississippi Supreme Court · 1886
- Neacy v. Board of SupervisorsWisconsin Supreme Court · 1910
- Voigt v. Milwaukee CountyWisconsin Supreme Court · 1914
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3Cited by20 opinions
- Schlesinger v. StateWisconsin Supreme Court · 1928
- City of Milwaukee v. Firemen Relief Ass'n of MilwaukeeWisconsin Supreme Court · 1969
- Granado v. Sentry InsuranceCourt of Appeals of Wisconsin · 1999
- Harbick v. Marinette CountyCourt of Appeals of Wisconsin · 1987
- (1974), Wisconsin Attorney General Reports1974
15 more not listed; retrieve them via the Exa API.