Dow v. Humbert

ERROR to the Circuit Court of the United States for the Western District of Wisconsin.

This was an action of tort brought against the defendants below, who were supervisors of the town of Waldwick, Wis., for neglect of duty in refusing to place upon the tax-list, as required by the statutes of Wisconsin, the amount of two judgments recovered by the plaintiff below against said town. Two questions arose in the case:--

First, Whether one of the judgments was properly described in the declaration.

Secondly, Whether the plaintiff was entitled only to recover nominal damages.

To the ruling of the court below on both these points the plaintiff below excepted.

The particulars of the case appear fully in the opinion of the court.

Mr. M. H. Carpenter and Mr. E. Mariner for the plaintiff.

No counsel appeared for the defendants.

MR. JUSTICE MILLER delivered the opinion of the court.