Legal Opinion

Dalrymple v. City of Milwaukee

Wisconsin Supreme Court

Decided October 18, 1881PublishedCited by 19 opinions

APPEAL from the Circuit Court for Milwaukee County. The complaint alleges that certain lots of the plaintiff in the city of Milwaukee were sold by the city treasurer, in January, 1876, for the non-payment of the city taxes thereon for the year 1875, and of certain assessments of benefits thereon made in the same year, by the board of public works, for street improvements.

Read the full summary

APPEAL from the Circuit Court for Milwaukee County. The complaint alleges that certain lots of the plaintiff in the city of Milwaukee were sold by the city treasurer, in January, 1876, for the non-payment of the city taxes thereon for the year 1875, and of certain assessments of benefits thereon made in the same year, by the board of public works, for street improvements. The certificates of sale were issued to the city, which was the purchaser at such sale, and were after-wards assigned by the city to the defendant Nash. February 23, 1881, Nash gave notice that he would apply to the city…

1Opinion of the CourtLyon, J.

The demurrers to the complaint go to the whole cause of action, and, although the record contains no ruling upon them by the circuit court, it is manifest that if they are well taken the injunction was properly dissolved. Section 7, eh. 334, Laws of 1878, is applicable to a tax certificate issued in January, 1876, and prescribes a limitation of nine months after publication of that act, within which time an action to cancel such certificate must have been commenced. The act was published March 25, 1878. But this aet, except section 14, was repealed by the Eevision of 1878 (section 4978), and…

2Cases cited11 opinions

  1. Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
  2. Knowlton v. Board of SupervisorsWisconsin Supreme Court · 1859
  3. In re the Mayor of New-YorkNew York Supreme Court · 1814
  4. Mayor of Baltimore v. Proprietors of Green Mount CemeteryCourt of Appeals of Maryland · 1855
  5. President of Harvard College v. Board of AldermenMassachusetts Supreme Judicial Court · 1870

6 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. State ex rel. Attorney General v. DonaldWisconsin Supreme Court · 1915
  2. Lamasco Realty Co. v. City of MilwaukeeWisconsin Supreme Court · 1942
  3. Union Cemetery v. City of MilwaukeeWisconsin Supreme Court · 1961
  4. Cook County v. Kellogg FairbankIllinois Supreme Court · 1906
  5. Wisconsin Real Estate Co. v. City of MilwaukeeWisconsin Supreme Court · 1912

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API