Canfield v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. Action brought to restrain the clerk of the board of supervisors of said county from issuing a tax deed upon a tax certificate on the sale of the plaintiff’s lots for a street improvement tax; said clerk and the holder ■ of the certificate being the defendants.
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APPEAL from the Circuit Court for Fond du Lac County. Action brought to restrain the clerk of the board of supervisors of said county from issuing a tax deed upon a tax certificate on the sale of the plaintiff’s lots for a street improvement tax; said clerk and the holder ■ of the certificate being the defendants. The complaint sets up, among other things, the order of the common council of the city of Fond du Lac that Arndt Street be paved according to certain plans and specifications ; that estimates were made by the surveyor, and the sum of $71.55 was assessed and charged upon the lot of…
1Opinion of the CourtCole, J.
We are of the opinion that the plaintiff is entitled to the relief demanded in the complaint, upon the ground that no petition was presented to the common council signed by the owners of three-fifths of the number of feet frontage in the block fronting upon the street to be improved, as required by the city charter. The charter is clear and explicit that the common council shall have no authority to make such an improvement at the expense of the adjoining lots unless such a petition is presented (sec. 3, ch. 13 of the charter as found in ch. 59, P. & L. Laws of 1868); and the court below…
2Cases cited1 opinion
- Eldred v. LeahyWisconsin Supreme Court · 1872
3Cited by8 opinions
- Strout v. City of PortlandOregon Supreme Court · 1894
- Lawton v. City of RacineWisconsin Supreme Court · 1909
- Rork v. SmithWisconsin Supreme Court · 1882
- Winnebago Furniture Manufacturing Co. v. Wisconsin Midland RailroadWisconsin Supreme Court · 1892
- State Ex Rel. Baranowski v. KoszewskiWisconsin Supreme Court · 1947
3 more not listed; retrieve them via the Exa API.