Hyde v. Supervisors of Kenosha County
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kmoslia County. Plaintiff, as administrator de bonis non of David Hyde, deceased, brought this action March 17, 1875, to recover of the county of Kenosha the several amounts paid hy himself and his intestate for fifty-nine tax certificates and sundry re-demptions from subsequent taxes.
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APPEAL from the Circuit Court for Kmoslia County. Plaintiff, as administrator de bonis non of David Hyde, deceased, brought this action March 17, 1875, to recover of the county of Kenosha the several amounts paid hy himself and his intestate for fifty-nine tax certificates and sundry re-demptions from subsequent taxes. The complaint alleges that David Hyde died June 22, 1862, and that plaintiff was appointed administrator de bonis non August 11,1868. It then describes the certificates, which were in the usual form, the first fifty-six of them hearing dates from 1854 to 1858; another being…
1Opinion of the CourtCole, J.
The objection that the claim had never been presented to the county board for allowance, and that therefore the action was prematurely commenced, upon the facts stated, cannot prevail. The complaint alleges that the claim was presented to the board at the opening of the January session, 1875; and that the board referred it to a committee with instructions to report thereon at the next annual meeting in November following, and declined to take any further action in respect to it. This, under the circumstances, must be regarded as equivalent to a disallowance of the claim. It certainly was a…
2Cases cited8 opinions
- Howell v. HowellWisconsin Supreme Court · 1861
- Mecklem v. BlakeWisconsin Supreme Court · 1868
- Orton v. NoonanWisconsin Supreme Court · 1870
- Heath v. HeathWisconsin Supreme Court · 1872
- Baker v. Supervisors of Columbia CountyWisconsin Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Rabe v. Outagamie CountyWisconsin Supreme Court · 1976
- City of Madison v. TiedemanWisconsin Supreme Court · 1957
- American Inv. Co. of Emmetsburgh v. County of BeadleSouth Dakota Supreme Court · 1894
- Budge v. City of Grand ForksNorth Dakota Supreme Court · 1890
- Mark Paine Lumber Co. v. Douglas County Improvement Co.Wisconsin Supreme Court · 1896
7 more not listed; retrieve them via the Exa API.