Parcher v. Marathon County
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. This action was brought to recover back the amount of a tax assessed upon the personal property of the plaintiffs in the year 1877, in the city of Wausau,-which the plaintiffs allege they paid by compulsion and under protest. It was admitted on the trial, by the defendant county, that the tax was illegal.
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APPEAL from the Circuit Court for Marathon County. This action was brought to recover back the amount of a tax assessed upon the personal property of the plaintiffs in the year 1877, in the city of Wausau,-which the plaintiffs allege they paid by compulsion and under protest. It was admitted on the trial, by the defendant county, that the tax was illegal. It appears that the treasurer of Wausau demanded the amount of such tax from the plaintiffs, who refused to pay it' on the ground that it was illegal" and void. The city treasurer returned the tax as delinquent to the county treasurer of…
1Opinion of the CourtLyon, J.
It is not denied that the complaint states a cause of action. The testimony given on the trial tended to prove all the material averments in the complaint, and was undoubtedly sufficient to support a verdict for the plaintiffs had the jury found for them. The only question litigated on the trial was, whether or not the plaintiffs paid the illegal tax voluntarily. On this question, after submitting to the jury the question whether the payment was made by them with the view of preventing a levy upon and seizure of their goods, with an instruction that if made for that purpose the plaintiffs…
2Cases cited4 opinions
- Erskine v. Van ArsdaleSupreme Court of the United States · 1872
- Atwell v. ZeluffMichigan Supreme Court · 1872
- Powell v. Board of SupervisorsWisconsin Supreme Court · 1879
- Van Buren v. DowningWisconsin Supreme Court · 1876
3Cited by15 opinions
- Custin v. City of ViroquaWisconsin Supreme Court · 1886
- Strachan Shipping Co. v. Mayor of SavannahSupreme Court of Georgia · 1929
- Ruggles v. City of Fond du LacWisconsin Supreme Court · 1881
- Shove v. City of ManitowocWisconsin Supreme Court · 1883
- St. Anthony & Dakota Elevator Co. v. Bottineau CountyNorth Dakota Supreme Court · 1900
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