Savage v. Supervisors of Crawford County
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, CRAWEORD COUNTY. The plaintiff in his complaint claimed to recover upon fourteen county orders, issued by the supervisors of the county, at various times, from the 27th day of November, A. D. 1849, to the 27th day of December, A. D. 1858 ; that the orders were severally presented for payment to the treasurer of the county, on the 20th day of April, A. D. 1859, and payment refused, and notice to defendant; plaintiff demanded judgment for amount of…
Read the full summary
APPEAL PROM CIRCUIT COURT, CRAWEORD COUNTY. The plaintiff in his complaint claimed to recover upon fourteen county orders, issued by the supervisors of the county, at various times, from the 27th day of November, A. D. 1849, to the 27th day of December, A. D. 1858 ; that the orders were severally presented for payment to the treasurer of the county, on the 20th day of April, A. D. 1859, and payment refused, and notice to defendant; plaintiff demanded judgment for amount of the orders. This complaint the defendant answered, denying each and every allegation, matter, fact and thing in the…
1Opinion of the Court
By the Court,
Cole, J.
The single question arising in this case is, whether an action can be maintained against the supervisors of a county, upon a county order, duly issued, after the same has been presented to the treasurer of the county, and payment thereof has been refused, for want of funds in the county treasury. The general capacity of a county to he *52sued upon a claim against it, was not questioned on the argument, neither could it well be, in view of sec. 2, chap. 13, R. S., 1859, which declares that each organized county in the State shall be a body politic and corporate, and as such…
2Cases cited2 opinions
- Ward v. County of HartfordSupreme Court of Connecticut · 1838
- Lyell v. Lapeer CountyU.S. Circuit Court for the District of Michigan · 1855
3Cited by7 opinions
- International Bank v. Franklin CountySupreme Court of Missouri · 1877
- Dodge v. MeyerCalifornia Supreme Court · 1882
- Commissioners of Leavenworth County v. KellerSupreme Court of Kansas · 1870
- Heffleman v. Pennington CountySouth Dakota Supreme Court · 1892
- Meyer v. E. G. Spink Co.Indiana Court of Appeals · 1919
2 more not listed; retrieve them via the Exa API.