Legal Opinion

State ex rel. Burnham v. Cornwall

Wisconsin Supreme Court

Decided November 16, 1897PublishedCited by 10 opinions

Appeal from a judgment of the circuit court for Richland county: Geo. ClemeNtsoN, Circuit Judge. .This is an action of mandamus to .compel the appellant, as the county clerk of Richland county, to carry into ef-feet, in the apportionment of the taxes levied in that county for the year 1895, the corrections in the apportionment or equalization of assessments of 1894, between the several towns, villages, and cities of that county, made by commissioners appointed for that…

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Appeal from a judgment of the circuit court for Richland county: Geo. ClemeNtsoN, Circuit Judge. .This is an action of mandamus to .compel the appellant, as the county clerk of Richland county, to carry into ef-feet, in the apportionment of the taxes levied in that county for the year 1895, the corrections in the apportionment or equalization of assessments of 1894, between the several towns, villages, and cities of that county, made by commissioners appointed for that purpose, under ch. 212, Laws of 1882 (S. & B. Ann. Stats, sec. 1077a). The action was begun in January, 1896. The petition is…

1Opinion of the CourtNewmabt, J.

The appellant assigns for error (1) that the action is not brought by or on behalf of the proper parties; (2) that no demand upon the appellant for performance is shown; (3) that the commissioners lost jurisdiction by an informal adjournment; and (4) that it does not appear that performance is now within the appellant’s power.

1. It is the contention of the appellant that all the towns, villages, and cities affected by the determination of the commissioners are necessary parties plaintiff, and should all be joined with the relator, or, at least, that the relator should expressly state that it…

2Cases cited5 opinions

  1. State ex rel. Lamb v. CunninghamWisconsin Supreme Court · 1892
  2. State ex rel. Drake v. DoyleWisconsin Supreme Court · 1876
  3. State ex rel. Bushnell v. GatesWisconsin Supreme Court · 1867
  4. State ex rel. Town of Manitowoo v. County Clerk of Manitowoo CountyWisconsin Supreme Court · 1883
  5. State ex rel. Sloan v. WarnerWisconsin Supreme Court · 1882

3Cited by10 opinions

  1. City of Indianapolis v. Indiana State Board of Tax CommissionersIndiana Supreme Court · 1974
  2. State ex rel. City of Augusta v. LosbyWisconsin Supreme Court · 1902
  3. State ex rel. City of Sheboygan v. County Board of SupervisorsWisconsin Supreme Court · 1928
  4. Foster v. RoweWisconsin Supreme Court · 1906
  5. State ex rel. Bonner v. AndrewsTennessee Supreme Court · 1914

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