Forest Cnty. v. Langlade Cnty.

Decision Date26 November 1895
CitationForest Cnty. v. Langlade Cnty., 91 Wis. 543, 65 N.W. 182 (Wis. 1895)
PartiesFOREST COUNTY v. LANGLADE COUNTY.
CourtWisconsin Supreme Court

OPINION TEXT STARTS HERE

On motion by plaintiff for rehearing. Granted.

For prior report, see 63 N. W. 760.

*182F. J. & C. F. Lamb, for plaintiff.

Lynch & Latta and T. W. Hogan, for defendant.

NEWMAN, J.

The trial court found assets belonging to Langlade county, amounting to $39,368.84, and that its liabilities amounted to $31,123.57; making an excess of assets over liabilities of $8,245.27. It was agreed that two-fifths of this excess should properly belong to Forest county. This made the sum of $3,298.10 which should go to Forest county. The judgment directed that certain tax certificates, held by Langlade county, upon lands in Forest county, amounting to $2,354.73, should be turned over to Forest county, and this amount applied to the payment of the sum due to Forest county, with judgment for the balance, $943.37. Now, there was, in fact, included in this aggregate sum of the liabilities of Langlade county the sum of $9,499.33, which appeared on the books of Langlade county to be due to certain towns, now, in either county. The judgment of the trial court did not provide for the payment of any part of this sum to Forest county, or to the towns interested. And this court has already held, in effect, that these are not properly liabilities of the county, in any technical sense. A sum which the county cannot be called upon to pay, either legally or equitably, cannot fairly be a liability. So that it is apparent that by...

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4 cases
  • State ex rel. Mountrail County v. Amundson
    • United States
    • North Dakota Supreme Court
    • March 20, 1912
    ...8 Wyo. 1, 54 P. 1073; Shoshone County v. Thompson, 11 Idaho 130, 81 P. 73; Forest County v. Langlade County, 91 Wis. 543, 63 N.W. 760, 65 N.W. 182. FISK, J. The facts necessary to a correct understanding of the questions involved on these appeals are not seriously in dispute, nearly all of ......
  • Canosia Tp. v. Grand Lake Tp.
    • United States
    • Minnesota Supreme Court
    • July 5, 1900
    ...Com'rs v. Bent Co. Com'rs, 15 Colo. 320, 25 Pac. 508;Forest Co. v. Langlade Co., 76 Wis. 605,45 N. W. 508;Id., 91 Wis. 543, 63 N. W. 760,65 N. W. 182;Commissioners of Currituck v. Commissioners of Dare, 79 N. C. 565;Vance Co. Com'rs v. Granville Co. Com'rs, 107 N. C. 291, 12 S. E. 39. The s......
  • Board of Commissioners of Park County v. Board of Commissioners of Big Horn County
    • United States
    • Wyoming Supreme Court
    • July 18, 1917
    ...above cited this court referred approvingly to the remarks of the court in Forest County v. Langlade County, 91 Wis. 543, 63 N.W. 760, 65 N.W. 182, to the effect that the intended that all matters of property, debts, assets and liabilities of the parent county should be adjusted upon princi......
  • Cook v. McComb
    • United States
    • Wisconsin Supreme Court
    • November 26, 1895