Legal Opinion

Dinehart v. Town of La Fayette

Wisconsin Supreme Court

Decided June 15, 1865PublishedCited by 4 opinions

APPEAL from the Circuit Court for Monroe County. The plaintiff, a resident freeholder of the town of La Payette in said county, sought in this action to restrain the collection of taxes assessed upon his land in 1864, for the purpose of paying bounties to volunteers in the military service of the United States, &c., on the ground of certain alleged irregularities in the proceedings under which such assessments were made ; and on other grounds.

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APPEAL from the Circuit Court for Monroe County. The plaintiff, a resident freeholder of the town of La Payette in said county, sought in this action to restrain the collection of taxes assessed upon his land in 1864, for the purpose of paying bounties to volunteers in the military service of the United States, &c., on the ground of certain alleged irregularities in the proceedings under which such assessments were made ; and on other grounds. There were special town meetings held in said town on the 6th and 20th of February, the 11th of March and the 6th of September, 1864, at which the…

1Opinion of the Court

By the Court,

DOWNER, J.

The injunction in this case was granted on the complaint verified. If the statements in the complaint are to be taken as true, I am inclined to the opinion that the vote to raise the tax of three thousand dollars was illegal. The complaint alleges upon information and belief, *688that “ nine men were all that were necessary to fill the quota of said town at any time between the first day of February, 1864, and the first day of October, 1864, under any and all of the calls of the President of the United States made for volunteers for the .military service of the United…

2Cited by4 opinions

  1. Tainter v. LucasWisconsin Supreme Court · 1872
  2. Carstens v. City of Fond du LacWisconsin Supreme Court · 1909
  3. Gaertner v. City of Fond du LacWisconsin Supreme Court · 1874
  4. Reiley v. JohnstonWisconsin Supreme Court · 1867

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