Fox Valley Canning Co. v. Village of Hortonville

Plaintiff brought this action to recover taxes paid under protest. There was no dispute as to the facts as hereinafter stated. Upon those facts the court concluded that the only recourse for recovery which plaintiff may have is against the county of Outagamie, whose treasurer received the payment, and not against defendant. Consequently, the court ordered judgment dismissing the complaint. The undisputed facts so far as material to the issues raised on this appeal are as follows: In 1928 the board of review of the village of Hortonville unlawfully increased the assessment of plaintiff’s real…