Roehl v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: ORReh T. Williams, Circuit Judge. In 1885 the plaintiff became the owner and he has since occupied a parcel of land having a frontage of 132 feet on both Miller and Concordia avenues in- the city of Milwaukee. In 1901 Island avenue was a public street, thirty feet wide, between Miller and Concordia avenues.
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Appeal from a judgment of the circuit court for Milwaukee county: ORReh T. Williams, Circuit Judge. In 1885 the plaintiff became the owner and he has since occupied a parcel of land having a frontage of 132 feet on both Miller and Concordia avenues in- the city of Milwaukee. In 1901 Island avenue was a public street, thirty feet wide, between Miller and Concordia avenues. Lying between the land'of the plaintiff and Island avenue was a strip of land ten feet wide and 029.34 feet long owned by C. E. Walworth. On January 14,1901, a resolution, approved by the aldermen from the ward, reciting…
1Opinion of the CourtSiebeceeb, J.
Tbe judgment for the recovery of tbe amount assessed against tbe plaintiff as tbe excess of benefits over tbe damages awarded in tbe proceedings is assailed upon tbe ground tbat be voluntarily paid it. It appears tbat plaintiff protested against payment of tbis sum, but that such payment was demanded as a condition of receiving payment of *345■other taxes due from Mm. The plaintiff manifestly understood that the refusal to pay this assessment would, under the condition imposed by the collector, result in a sale of his property for a default in the payment of his taxes. The condition thus…
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