Dean v. City of Madison
Wisconsin Supreme Court
APPEALS PROM CIRCUIT COTJK.T, DANE COUNTY. ■ These two cases presented the same facts in nearly every particular, except they were for different tracts or lots of land. The statements of the complaints are given in the opinion of the court The respondents demurred separately in the circuit court, that the complaints did not contain facts sufficient to constitute a cause of action. The circuit court sustained the demurrer and dismissed the complaints.
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APPEALS PROM CIRCUIT COTJK.T, DANE COUNTY. ■ These two cases presented the same facts in nearly every particular, except they were for different tracts or lots of land. The statements of the complaints are given in the opinion of the court The respondents demurred separately in the circuit court, that the complaints did not contain facts sufficient to constitute a cause of action. The circuit court sustained the demurrer and dismissed the complaints. From those judgments these appeals are taken to this court, and they were argued together here.
1Opinion of the Court
By the Court,
Cole, J.
The only ground of demurrer to this complaint is, that it does not state facts sufficient to constitute a cause of action. It therefore becomes necessary to look at the statements of the complaint to see if this ground of demurrer really exists.
The suit was instituted for the purpose of cancelling and setting aside certain tax certificates issued upon the sale of the lots mentioned in the complaint, for side walk taxes or assessments, levied by the trustees of the village of Madison, which certificates it is alleged are regular upon their face, and constitute a cloud upon…
2Cases cited3 opinions
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
- Pettit v. ShepherdNew York Court of Chancery · 1835
- Hall v. DelaplaineWisconsin Supreme Court · 1856
3Cited by18 opinions
- Marsh v. Board of SupervisorsWisconsin Supreme Court · 1877
- Curtis Land & Loan Co. v. Interior Land Co.Wisconsin Supreme Court · 1908
- Watson v. WiggintonWest Virginia Supreme Court · 1886
- Lancaster v. DuHadwayIndiana Supreme Court · 1884
- South Platte Land Co. v. Board of County CommissionersNebraska Supreme Court · 1878
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