State v. Bætz
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This action was brought in the circuit court by the late attorney general, upon the official bond of Henry Beets, late state treasurer, against Beets and his sureties in such bond. The term of office of the defendant Beets expired on the first Monday in January, 1874; and Ferdinand Kuehn was his successor therein.
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APPEAL from the Circuit Court for Dane County. This action was brought in the circuit court by the late attorney general, upon the official bond of Henry Beets, late state treasurer, against Beets and his sureties in such bond. The term of office of the defendant Beets expired on the first Monday in January, 1874; and Ferdinand Kuehn was his successor therein. The undisputed facts in the case, as they appear by the pleadings and proofs, are these: By ch. 6, Laws of 1873, the legislature appropriated the sum of $53,947 to the hospital for the insane at Madison, for current expenses and…
1Opinion of the CourtLtoN, J.
The learned assistant attorney general, who argued the case before this court with great ability, contended 'that the delivery by Mr. Beetz of his check of September 22d to the treasurer of the hospital, Mr. Mills, and its acceptance by the latter, was not a payment of the $10,000 on account of the appropriation to the hospital; and if a payment, that the state treasurer had no authority to make it before the first of October, and could not lawfully make it then without the proper warrant of the secretary of state.
The view we take of the case renders it unnecessary to determine either of…
2Cases cited1 opinion
- United States v. KeehlerSupreme Court of the United States · 1870
3Cited by5 opinions
- State v. KimballSupreme Court of New Hampshire · 1950
- State v. MillsWisconsin Supreme Court · 1882
- State v. HillNebraska Supreme Court · 1894
- State ex rel. Sheldon v. DahlWisconsin Supreme Court · 1917
- State v. KimballSupreme Court of New Hampshire · 1950