Beaser v. City of Ashland
Wisconsin Supreme Court
Appeal from an order of the circuit court for Ashland county: J. K. Parish, Circuit Judge. This action was commenced to set aside and cancel an alleged special assessment or tax on plaintiff’s lots in the city of Ashland, and to perpetually restrain the defendant city and its officers from issuing improvement bonds or certificates therefor, and its city treasurer from in any manner collecting or attempting to collect such tax, and from returning the plaintiff’s lots as…
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Appeal from an order of the circuit court for Ashland county: J. K. Parish, Circuit Judge. This action was commenced to set aside and cancel an alleged special assessment or tax on plaintiff’s lots in the city of Ashland, and to perpetually restrain the defendant city and its officers from issuing improvement bonds or certificates therefor, and its city treasurer from in any manner collecting or attempting to collect such tax, and from returning the plaintiff’s lots as delinquent for its nonpayment,, and to procure in the meantime an injunction to that effect •during the pendency of the…
1Opinion of the CourtPiNNet, J.
It is conceded that the allegations of the complaint show that the assessment or special tax in question is void, and it is clear from the allegations of the complaint that the city and its officers are prosecuting the proceeding in question, and intend to and will, unless restrained, con*30tinue it until said tax becomes a prima facie valid lien and cloud upon the plaintiff’s title to bis lots, and to a sale thereof' to satisfy the same. The defendants contend that there is-no apparent cloud shown to exist upon the plaintiff’s title, because the proceedings had not been carried so far as to…
2Cases cited5 opinions
- Johnson v. City of MilwaukeeWisconsin Supreme Court · 1876
- Stearns v. FelkerWisconsin Supreme Court · 1871
- Gullickson v. MadsenWisconsin Supreme Court · 1894
- Mitchell v. City of MilwaukeeWisconsin Supreme Court · 1864
- Roe v. Lincoln CountyWisconsin Supreme Court · 1882
3Cited by7 opinions
- Dietz v. City of NeenahWisconsin Supreme Court · 1895
- Lamasco Realty Co. v. City of MilwaukeeWisconsin Supreme Court · 1942
- Perkins v. PeacockWisconsin Supreme Court · 1953
- Allen v. City of MilwaukeeWisconsin Supreme Court · 1906
- Schlitz Realty Corp. v. City of MilwaukeeWisconsin Supreme Court · 1933
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