Wisconsin Reports; Cases Determined in the Supreme Court of Wisconsin Volume 57 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ... Cole vs. The President and Trustees of the Village of Black River Falls. it is proper to refer to a faGt disclosed in the record. In September, 1874, the appellant presented to the county court a sworn account of his charges against the estate of his ward, amounting to $1,678.65. This account covers a period of four and one half years, and makes the cost of maintaining his ward during that period more than one dollar per day. Considering the age of the ward and the very limited value of his estate, that this was an enormous overcharge, evincing an entire disregard of the rights of the ward, admits of no question or doubt. With this fact in the case, and in view of the very liberal allowance to the appellant for the board of his ward, --an allowance which, in our opinion, is considerably too large, --while we do not charge the appellant with compound interest, we cannot reverse the judgment because it is a few dollars in excess of what it would be had simple interest only been computed on the fund. Under all of the circumstances of the case, we do not hesitate to dispose of this trifling excess by applying to it the maxim de minimis non curat lex. By the Court.--The judgment of the circuit court is affirmed. Cole vs. The Pkesident And Trustees Of The Village Of Black River Falls. January 31--February SO, 18S3. (1, 3) Officers de facto, elected under unconstitutional law. (S) Particular act incorporating village need not be pleaded. (4J Election of officers in villages. 1. If public offices exist de jure, all persons who are in the exercise of the duties of such offices by color of law (even though such law be unconstitutional and void) are officers de facto, and their acts are valid. 2. The village of Black River Falls was a properly.