United States Supreme Court Cases & Opinions

U.S. Supreme Court

Dow v. Humbert, 91 U.S. 294 (1875)

Dow v. Humbert

91 U.S. 294

Syllabus

l. In a suit by a judgment creditor of the Town of Waldwick against the supervisors of said town for refusing to place upon the tax list thereof the amount of his judgments as provided by the statutes of Wisconsin, it appeared in evidence that since the institution of the suit, the defendants had so placed the only judgment proved in the case. Held that the plaintiff was entitled to recover only nominal damages.

Page 91 U. S. 295

2. Where a judgment is described in the declaration as having been rendered in the Circuit Court for the District of Wisconsin, a judgment of the Circuit Court for the Eastern District of Wisconsin is not admissible in evidence under the plea of nul tiel record.

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.