Stone v. Little Yellow Drainage District
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Juneau county: J. J. Eeuit, Circuit Judge. Appeal from order sustaining demurrer to a complaint, from wbicb it appears that in the spring of 1889 proceedings were instituted for the creation of a drainage district under secs. 1379 — 11 to 1379 — 31, Stats. 1898, and that, after due notice and appointment of commissioners in accordance with the statute and the necessary report of the commissioners, the court, on January 4, 1900,…
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Appeal from an order of tbe circuit court for Juneau county: J. J. Eeuit, Circuit Judge. Appeal from order sustaining demurrer to a complaint, from wbicb it appears that in the spring of 1889 proceedings were instituted for the creation of a drainage district under secs. 1379 — 11 to 1379 — 31, Stats. 1898, and that, after due notice and appointment of commissioners in accordance with the statute and the necessary report of the commissioners, the court, on January 4, 1900, made its order of confirmation, in which were confirmed assessments so made that they did not become payable until from…
1Opinion of the CourtDodge, J.
There immediately present themselves upon this complaint three questions, solution of which will render ultimate conclusion easy, and obviate the necessity of examination of very much statutory detail, now become, in some degree at least, obsolete. Those questions are: (1) Is the proceeding under secs. 1319 — 11 to 1379 — 31, Stats. 1898, a judicial one, so that it falls within sec. 2594, Stats. 1898 ? (2) Had the circuit court jurisdiction thereof? (3) If both the foregoing be answered in the affirmative, can the present plaintiff attack or obstruct the decree collaterally ?
To the first of…
2Cases cited21 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
- Hennessy v. Douglas CountyWisconsin Supreme Court · 1898
- State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
16 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- In re the Appointment of a Revisor of the StatutesWisconsin Supreme Court · 1910
- Jessner v. StateWisconsin Supreme Court · 1930
- State ex rel. Dorgan v. FiskNorth Dakota Supreme Court · 1906
- In re Dexter-Greenfield Drainage Dist.New Mexico Supreme Court · 1915
- Thielen v. Metropolitan Sewerage CommissionWisconsin Supreme Court · 1922
27 more not listed; retrieve them via the Exa API.