Legal Opinion

Smith v. Board of Supervisors of Barron County

Wisconsin Supreme Court

Decided August 15, 1878PublishedCited by 14 opinions

APPEAL from the Circuit Court for Eau Claire County. In February, 1876, plaintiff presented to the board of supervisors of Barron county, a claim for $200 as cash paid by him to the county on a purchase of tax certificates, $75 for expenses incurred in such purchase, and $5,000 as damages for failure of the county to complete such sale.

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APPEAL from the Circuit Court for Eau Claire County. In February, 1876, plaintiff presented to the board of supervisors of Barron county, a claim for $200 as cash paid by him to the county on a purchase of tax certificates, $75 for expenses incurred in such purchase, and $5,000 as damages for failure of the county to complete such sale. The claim having been rejected, he took an appeal to the circuit court; and the venue was changed to the circuit court for Eau Claire county. By order of that court, he filed therein a formal complaint, the essential averments of which, in respect to the…

1Opinion of the CourtOktoN, J.

On the appeal, the circuit court having ordered formal pleadings to be made and the plaintiff having filed a formal complaint, it must be treated on demurrer as in other . cases,- and nothing considered except that which appears or is referred to within it. Warner v. The Board of Supervisors of Outagamie Co., 19 Wis., 616; Swineford v. Pomeroy, 16 id., 553; Tarbox v. Supervisors of Adams Co., 34 id., 558.

The written stipulation of the parties, in which appears a resolution of the board of supervisors authorizing the county treasurer to sell the tax certificates in question, not having been…

2Cases cited6 opinions

  1. Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
  2. Sewell v. EatonWisconsin Supreme Court · 1858
  3. Dewey v. . Supervisors of Niagara Co.New York Court of Appeals · 1875
  4. Martin v. HurlbutSupreme Court of Minnesota · 1864
  5. Straus v. RossIndiana Supreme Court · 1865

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Shulse v. City of MayvilleWisconsin Supreme Court · 1937
  2. Thomson v. Town of EltonWisconsin Supreme Court · 1901
  3. State v. City of MilwaukeeWisconsin Supreme Court · 1911
  4. Willard v. ComstockWisconsin Supreme Court · 1883
  5. Larson v. LesterWisconsin Supreme Court · 1951

9 more not listed; retrieve them via the Exa API.

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