Board of Supervisors v. Vivian
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Iowa County. Action against a county treasurer and. bis sureties on bis official bond.
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APPEAL from tbe Circuit Court for Iowa County. Action against a county treasurer and. bis sureties on bis official bond. Tbe complaint alleges, in substance, that tbe defendant Vivian was elected treasurer of tbe county of Iowa for tbe term commencing January 1,1861, and qualified assucb, tbe other defendants becoming sureties on bis official bond, which runs to tbe “ board of supervisors of Iowa county, ” and is set out at large in tbe complaint; that during that term be made three several reports to tbe board of supervisors, in each of which be omitted and neglected by mistake to charge…
1Opinion of the Court
DixoN, O. J.
The facts set forth in the complaint are concisely and accurately stated in the brief of counsel for the defendants, which also contains a very satisfactory argument, showing that the complaint is and must be held demurrable. The action is upon the official bond of the county treasurer, given for his first term of office, which was for the years 1861 and 1862. It is an action at law against the treasurer and his sureties in the bond, for alleged defaults of the treasurer made during that term of office. The complaint avers that the treasurer was elected his own successor at the…
2Cases cited2 opinions
- County Board of Supervisors v. JonesWisconsin Supreme Court · 1865
- Supervisors of Franklin v. KirbyWisconsin Supreme Court · 1870
3Cited by4 opinions
- Baker v. StateWisconsin Supreme Court · 1885
- Carberry v. German Insurance Co. of Freeport, IllinoisWisconsin Supreme Court · 1881
- Village of Prentice v. NelsonWisconsin Supreme Court · 1908
- Kingsley v. City of BrooklynNew York City Court · 1878