Kellogg v. City of Oshkosh
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. The plaintiff alleged in his complaint, which was filed July 19, 1860, that he had never been a resident of the state of Wisconsin; that he is the owner of lot 1 in block 10 in the city of Oshkosh; that in the year 1858, he was assessed in the 2d ward of that city, in the sum of $15,000, for personal property, the tax charged on which was $811 85 ; that after the tax list of that year, with the warrant appended to it, had…
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APPEAL from tbe Circuit Court for Winnebago County. The plaintiff alleged in his complaint, which was filed July 19, 1860, that he had never been a resident of the state of Wisconsin; that he is the owner of lot 1 in block 10 in the city of Oshkosh; that in the year 1858, he was assessed in the 2d ward of that city, in the sum of $15,000, for personal property, the tax charged on which was $811 85 ; that after the tax list of that year, with the warrant appended to it, had been duly returned by the city treasurer to the common council of the city, to wit, on the 5th of September, 1859, the…
1Opinion of the Court
By the Court,
Dixorr, C. J.
The plaintiff’s residence at Oshkosh at the time the taxeá were assessed, is not seriously questioned by his counsel. If it were, it is clear that the finding of the circuit judge could not in this respect be disturbed. His own testimony fully sustains it. Every man has, in law, a home or domicil. The plaintiff is an unmarried man. He says he came to Oshkosh in the spring of 1855, and remained until December, 1856 ; he voted there in the fall of 1856, and a large share of his time has since been spent there, the winter seasons being passed at different places abroad…
2Cases cited1 opinion
- Shelton v. TiffinSupreme Court of the United States · 1848
3Cited by19 opinions
- State v. HameySupreme Court of Missouri · 1902
- City of Detroit v. Detroit & Howell Plank Road Co.Michigan Supreme Court · 1880
- Great Northern Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- Gymnastic Ass'n of the South Side of Milwaukee v. City of MilwaukeeWisconsin Supreme Court · 1906
- Perkins v. CorbinSupreme Court of Alabama · 1871
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