Legal Opinion

Capron v. Supervisors of Adams County

Wisconsin Supreme Court

Decided January 15, 1878PublishedCited by 6 opinions

APPEALS from the Circuit Court for Adams County. In October, 1874, plaintiff filed in the county clerk’s office in said county a verified statement of his claim against the county for the several amounts of illegal tax certificates issued by it upon sales of various years, from 1857 to 1863, both inclusive, and for interest on the amounts from the several dates of sale to November 15, 1874. The county board, at its meeting in the month last named, allowed the claim as to…

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APPEALS from the Circuit Court for Adams County. In October, 1874, plaintiff filed in the county clerk’s office in said county a verified statement of his claim against the county for the several amounts of illegal tax certificates issued by it upon sales of various years, from 1857 to 1863, both inclusive, and for interest on the amounts from the several dates of sale to November 15, 1874. The county board, at its meeting in the month last named, allowed the claim as to several of the certificates, but rejected the greater part, without written statement of the grounds of such rejection.…

1Opinion of the CourtCole, J.

I. The stipulation entered into by tbe parties in open court effectually consolidated these causes, and they should have been tried as one, which would have resulted, of course, in one finding and one judgment. In no other way could full effect be given to the stipulation and to the order entered upon it. It is true, the stipulation provided that the consolidation should not affect the question of costs, but that the costs might be taxed by the prevailing party in the same manner as though the order ]jad not been made. It is not necessary to determine precisely what was intended by the clause…

2Cases cited5 opinions

  1. Orton v. NoonanWisconsin Supreme Court · 1870
  2. Baker v. Supervisors of Columbia CountyWisconsin Supreme Court · 1876
  3. Barden v. Supervisors of Columbia CountyWisconsin Supreme Court · 1873
  4. Tarbox v. Supervisors of Adams CountyWisconsin Supreme Court · 1874
  5. Fogarty v. HorriganWisconsin Supreme Court · 1871

3Cited by6 opinions

  1. Eaton v. Supervisors of Manitowoc CountyWisconsin Supreme Court · 1878
  2. Morgan v. BishopWisconsin Supreme Court · 1884
  3. Smith v. ToddWisconsin Supreme Court · 1882
  4. Wisconsin Central Railroad v. Lincoln CountyWisconsin Supreme Court · 1883
  5. Horn v. GarryWisconsin Supreme Court · 1880

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