Dow v. Humbert
Supreme Court of the United States
Error to the Circuit Court of the United States for the Western District of Wisconsin. This was an action of tort brought against the defendants below, who were supervisors of the town of Waldwick, Wis., for neglect of duty in refusing to place upon the tax-list, as required by the statutes of Wisconsin, the amount of two judgments recovered -by the plaintiff below against said town.
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Error to the Circuit Court of the United States for the Western District of Wisconsin. This was an action of tort brought against the defendants below, who were supervisors of the town of Waldwick, Wis., for neglect of duty in refusing to place upon the tax-list, as required by the statutes of Wisconsin, the amount of two judgments recovered -by the plaintiff below against said town. Two questions arose in the case: — First, Whether one of the judgments was properly described in the declaration. Secondly, Whether the plaintiff was entitled only to recover nominal damages. To the ruling of the…
1Opinion of the CourtJustice Miller
The defendants are sued by plaintiff for a failure to perform their duty as supervisors of the town of Waldwick, in the county of Iowa, Wis., in refusing to place upon the tax-list the amount of the judgments recovered by him against that town. By the statutes of Wisconsin, no -execution can issue against towns on judgments rendered against them; but the amounts of such judgments are to be placed, by order of the supervisors, on the next tax-list for the annual assessment and collection of taxes; and the amount so levied and collected is to be paid to the judgment creditor, and to no other…
2Cases cited3 opinions
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- People Ex Rel. Aspinwall v. Supervisors of RichmondNew York Court of Appeals · 1863
- Clark v. . MillerNew York Court of Appeals · 1874
3Cited by22 opinions
- McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
- Turon v. J. & L. CONSTRUCTION CO.Supreme Court of New Jersey · 1952
- Bowden v. BurnhamCourt of Appeals for the Eighth Circuit · 1894
- Needles ex rel. Needles v. United StatesUnited States Court of Claims · 1944
- Mutual Reserve Fund Life Ass'n v. FerrenbachCourt of Appeals for the Eighth Circuit · 1906
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