State ex rel. Hasbrouck v. City of Milwaukee
Wisconsin Supreme Court
The charter of the city -of Milwaukee (enacted in 1852) in its fifth chapter, relating to “finances and taxation,” provided that the common- council might annually levy a tax upon all the property in said city subject to taxation, not exceeding one per cent, per annum, to pay off the then existing indebtedness of the city until such indebtedness should be finally extinguished; and might levy a further tax, not exceeding three-fourths of one percent., to defray the current…
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The charter of the city -of Milwaukee (enacted in 1852) in its fifth chapter, relating to “finances and taxation,” provided that the common- council might annually levy a tax upon all the property in said city subject to taxation, not exceeding one per cent, per annum, to pay off the then existing indebtedness of the city until such indebtedness should be finally extinguished; and might levy a further tax, not exceeding three-fourths of one percent., to defray the current expenses of the city. It further provided for the levy of taxes in each ward, to pay off certain ward debts and to defray…
1Opinion of the CourtCole, J.
This motion raises some questions not free from difficulty. It is a motion to quash an alternative, writ of mandamus, which has been issued by this court, directed to the mayor and common council of the city of Milwaukee, Commanding them to proceed and levy and collect a tax sufficient to pay the judgment mentioned in the relation. The liability of the city and the duty of its authorities to proceed and raise the money to discharge this judgment are matters not longer open to controversy. It must be assumed that the judgment is a just and equitable one, and the obligation to pay it is of the…
2Cases cited4 opinions
- Phelps v. RooneyWisconsin Supreme Court · 1860
- Smith v. City of AppletonWisconsin Supreme Court · 1865
- State ex rel Sherman v. Common CouncilWisconsin Supreme Court · 1865
- Crane v. City of Fond du LacWisconsin Supreme Court · 1862
3Cited by17 opinions
- Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
- United States v. New OrleansSupreme Court of the United States · 1879
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- State Ex Rel. Dos Anigos, Inc. v. LehmanSupreme Court of Florida · 1930
- Fisher v. City of CharlestonWest Virginia Supreme Court · 1881
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