Town of Lancaster v. Barr
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Action commenced in a justice’s court February 17, 1869, under secs. 81-87, ch. 18, R. S., as amended by ch. 198, Laws of 1860, to collect a tax levied on personal property assessed against defendant. Judgment was rendered in favor of the defendant on the first of March following.
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APPEAL from the Circuit Court for Grant County. Action commenced in a justice’s court February 17, 1869, under secs. 81-87, ch. 18, R. S., as amended by ch. 198, Laws of 1860, to collect a tax levied on personal property assessed against defendant. Judgment was rendered in favor of the defendant on the first of March following. Chapter 141, Laws of 1869, which took effect on the 16th of March, amends sec. 84, ch. 18, R. S., by adding a proviso, that in proceedings of this character “ the plaintiff may also appeal to the circuit court in the manner that plaintiffs are now authorized to appeal…
1Opinion of the CourtDixon, C. J.
It is useless to attempt to discriminate between this case and that of Davis v. Menasha, 21 Wis. 491, for there is no sound basis of distinction. The only difference between the two cases is, that the judgments proposed to be opened, and new trial granted, by subsequent act of the legislature, were rendered by different judicial tribunals ; and that as to one a right of appeal had -been given which had expired, while from the other judgment no appeal whatever was allowed. The policy of the law or constitutional principle involved very clearly is, that rights of property once vested, or…
2Cases cited1 opinion
- Davis v. President of MenashaWisconsin Supreme Court · 1867
3Cited by9 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Mills v. CharletonWisconsin Supreme Court · 1872
- State v. ChaconNew Mexico Supreme Court · 1914
- Johnson v. JeffersonSupreme Court of Minnesota · 1934
- Estate of RileyWisconsin Supreme Court · 1959
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