Pratt v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Feakk M. Fish, Judge. Action to set aside a tax certificate upon real estate owned by the plaintiff. The defendant city, by right of eminent domain, took certain lands for the purpose of opening Kane Place as a public street in such city.
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Appeal from a judgment of the circuit court for Milwaukee county: Feakk M. Fish, Judge. Action to set aside a tax certificate upon real estate owned by the plaintiff. The defendant city, by right of eminent domain, took certain lands for the purpose of opening Kane Place as a public street in such city. Proceedings were had under the charter of such city whereby a part of the damages awarded to the owner of the lands so taken was assessed as a charge or lien against the plaintiff’s lot. Such proceedings were thereafter had that the amount so apportioned to plaintiff’s lot was extended on the…
1Opinion of the CourtMaeshall, J.
Numerous errors are assigned by appellant, but they are grouped under two heads:
1. It is claimed that the property taxed was not subject to taxation at the time it was assessed; Under this assignment of error, several instances are pointed out wherein the condemnation proceedings, which form the groundwork of the tax, were not in conformity with the law governing the subject,— such as that the necessity for taking the property was not first determined by a constitutional jury; that another proceeding, previously commenced, for taking the property for the same purpose, was pending; that the…
2Cases cited3 opinions
- Knox v. ClevelandWisconsin Supreme Court · 1860
- Smith v. SherryWisconsin Supreme Court · 1882
- Dalrymple v. City of MilwaukeeWisconsin Supreme Court · 1881
3Cited by4 opinions
- Wisconsin Real Estate Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
- Levy v. WilcoxWisconsin Supreme Court · 1897
- Strange v. Oconto Land Co.Wisconsin Supreme Court · 1908
- Hamar v. LeihyWisconsin Supreme Court · 1905