State ex rel. Delaplaine v. Janssen
Wisconsin Supreme Court
This suit is brought by the plaintiff to compel the treasurer of the State to receive the amount of interest due on the contract of purchase from the State of a section of land in the county of Bad Axe, being part of the 500,000 acre tract of the State of Wisconsin. This tract was appraised by the State appraiser at the sum of $36.80, being an average of 05:8 cents per acre.
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This suit is brought by the plaintiff to compel the treasurer of the State to receive the amount of interest due on the contract of purchase from the State of a section of land in the county of Bad Axe, being part of the 500,000 acre tract of the State of Wisconsin. This tract was appraised by the State appraiser at the sum of $36.80, being an average of 05:8 cents per acre. The interest ($2.60) was tendered on the 29th day of January, 1853, to the State treasurer, according to the laws of the State, which was refused by that officer, on the alleged ground that said sale was illegal. The.…
1Opinion of the Court
By the Court,
Whitok, C. J.
The respondents, in *424their response to the alternative writ which has been issued in this case, insist that these proceedings are impr0per]y brought against them jointly, because the ¿uj.y Gf receiving the interest, and giving a receipt for it, is, by law, devolved upon the treasurer alone. They further state that the issuing of the certificate to the relator was a violation of law, and was therefore void ; because, first, no application in writing for the purchase of the land was made to the secretary of State by the relator, as provided in section 32, of chapter 24,…
2Cited by2 opinions
- Gough v. DorseyWisconsin Supreme Court · 1870
- State ex rel. Mariner v. GrayWisconsin Supreme Court · 1856