Birdsall v. Kewaunee County
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kewau-nee county: Michael KiewaN, Circuit Judge. November 3, 1903, plaintiff filed -with the county clerk of Kewaunee county, to be acted upon by its comity board, a claim for services as constable in a criminal action before a justice of the peace for such county. He. intended to comply with sec. GJ'T, Stats. 1898. The annual meeting of the board for 1903 was concluded without its taking final action on the claim.
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Appeal from a judgment of the circuit court for Kewau-nee county: Michael KiewaN, Circuit Judge. November 3, 1903, plaintiff filed -with the county clerk of Kewaunee county, to be acted upon by its comity board, a claim for services as constable in a criminal action before a justice of the peace for such county. He. intended to comply with sec. GJ'T, Stats. 1898. The annual meeting of the board for 1903 was concluded without its taking final action on the claim. The situation was such that if the claim was filed in such a way as to give the county board jurisdiction of the matter its failure…
1Opinion of the CourtMaRSHall, J.
If strict compliance with sec. 680, Stats. 1898, be a condition precedent to the jurisdiction of the county board to allow the claim of a constable for services performed in justice’s court in an action wherein the state is a party and the county is liable for such services, then jurisdiction was not obtained by the county board as to the matter in hand. In that case the appeal to the circuit court failed to confer jurisdiction on it to do more than to dismiss the proceedings, and the judgment appealed from must be reversed. Klaise v. State, 27 Wis. 462; Stringham v. Winnebago Co. 24 Wis.…
2Cases cited9 opinions
- Northern Trust Co. v. SnyderWisconsin Supreme Court · 1902
- Felt v. FeltWisconsin Supreme Court · 1865
- Stringham v. Board of SupervisorsWisconsin Supreme Court · 1869
- Stoltman v. Town of LakeWisconsin Supreme Court · 1905
- Woodman v. ClappWisconsin Supreme Court · 1867
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3Cited by4 opinions
- Richardson v. StuesserWisconsin Supreme Court · 1905
- Read v. City of MadisonWisconsin Supreme Court · 1916
- Schmidt v. City of MilwaukeeWisconsin Supreme Court · 1912
- Meyer v. Outagamie CountyWisconsin Supreme Court · 1907