Town of Butternut v. O'Malley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. In January, 1879, this court reversed the judgment of the circuit court in this case so far as it awarded execution for $10,615.78 damages, and remanded the cause to the circuit court with directions to award execution in'favor of the plaintiff for $8,780.67, with interest thereon from October 3, 1877. A motion by the defendants for a rehearing was denied on the 22d of April following. 46 Wis., 35-69. On the next day the…
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APPEAL from the Circuit Court for Ashland County. In January, 1879, this court reversed the judgment of the circuit court in this case so far as it awarded execution for $10,615.78 damages, and remanded the cause to the circuit court with directions to award execution in'favor of the plaintiff for $8,780.67, with interest thereon from October 3, 1877. A motion by the defendants for a rehearing was denied on the 22d of April following. 46 Wis., 35-69. On the next day the board of supervisors of the town of La Pointe (which town was then plaintiff in the action), at a meeting thereof, caused…
1Opinion of the CourtCole, J.
In making a settlement with O'Malley as town treasurer, the town board allowed him credit for certain sums which, they say, were erroneously charged him in the judgment which was rendered by this court. See 46 Wis., 35-69. The question whether he was entitled to credit for these items, was a matter litigated in the suit; and it was distinctly adjudged that they were not proper credits in his favor. It is true, there is no discussion of the question in the opinion delivered by Mr. Justice Taylor. What he says at the close of the.opinion is, that, with the exception of the sum of $1,835.11, the…
2Cases cited3 opinions
- Supervisors of La Pointe v. O'MalleyWisconsin Supreme Court · 1879
- Supervisors of Kewaunee County v. KnipferWisconsin Supreme Court · 1875
- Board of Supervisors of Oconto County v. HallWisconsin Supreme Court · 1879
3Cited by4 opinions
- Oakman v. City of EvelethSupreme Court of Minnesota · 1925
- Washburn County v. ThompsonWisconsin Supreme Court · 1898
- Town of Dekorra v. Wisconsin River Power Co.Wisconsin Supreme Court · 1926
- Town of Fox Lake v. President of Fox LakeWisconsin Supreme Court · 1885