Legal Opinion

Supervisors of Washington County v. Selmer

Wisconsin Supreme Court

Decided January 15, 1877PublishedCited by 2 opinions

APPEAL from the Circuit Court for Washington County. This action was upon the bond of a county treasurer, against the principal and sureties therein.

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APPEAL from the Circuit Court for Washington County. This action was upon the bond of a county treasurer, against the principal and sureties therein. The complaint alleges the election, in November, 1874, of the defendant Semler to the office of county treasurer of Washington county, his due qualification, including the execution of the bond in suit (which is in the form prescribed by statute), and his entry upon the duties of that office, and discharge of them until July, 1876. The complaint, as originally filed, then proceeded as follows: “That afterwards, on the 18th day of July, 1876, the…

1Opinion of the CourtLyoh, J.

The portions of the complaint which allege that the defendant Semler had absconded from the state, and his absence therefrom, which were stricken out by the order of the court commissioner, were not restored by the mere motion to vacate such order; and hence these allegations are not in the complaint, and formed no part of it when the demurrer was interposed. It was said in argument, that the whole proceedings to strike out were abandoned, and that the circuit court disregarded the order of the commissioner and passed upon the demurrer as a demurrer to the complaint originally filed. But we…

2Cited by2 opinions

  1. Stutsman County v. MansfieldSupreme Court Of The Territory Of Dakota · 1888
  2. Territory ex rel. Peterson v. HauxhurstSupreme Court Of The Territory Of Dakota · 1882

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