Chicago & Northwestern Railway Co. v. Town of Oconto
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oconto County. Action to recover money paid for taxes. Plaintiff appealed from a judgment in favor of tbe defendant.
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APPEAL from the Circuit Court for Oconto County. Action to recover money paid for taxes. Plaintiff appealed from a judgment in favor of tbe defendant. The case is suf.ficiently stated in the opinion. 1. The legislature, in pursuance of the authority upon that subject expressly given them by the constitution (art. IY, sec. 22), having conferred upon the county boards legislative authority “ to set off, organize, vacate, and change the boundaries of, the towns in their respective counties ” (R. S. 1849, ch. 10, sec. 28; R. S. 1858, ch. 13, sec. 28; R. S. 1878, sec. 6T0), and the order here in…
1Opinion of the CourtOetoN, J.
This suit is brought to recover from the town of Oconto, the defendant, certain moneys paid under protest for taxes claimed to have been illegally'assessed upon the plaintiff’s lands, situated in towns 35, 36 and 37, range 16, in Oconto county, by the said town, for the year 1878. Two grounds of recovery were relied upon at the trial: first, that the assessment was improperly made; and second, that these lands were not subject to assessment and taxation by and in the town of Oconto. The latter ground, being the more important, and, if well taken, fatal to the legality of the assessment, will…
2Cases cited2 opinions
- Lorillard v. . the Town of MonroeNew York Court of Appeals · 1854
- Town of Waltham v. KemperIllinois Supreme Court · 1870
3Cited by22 opinions
- Town of Enterprise v. State ex rel. Attorney-GeneralSupreme Court of Florida · 1892
- Smith v. SherryWisconsin Supreme Court · 1882
- Grunert v. SpaldingWisconsin Supreme Court · 1899
- City of Denver v. CoulehanSupreme Court of Colorado · 1894
- Schriber v. Town of LangladeWisconsin Supreme Court · 1886
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