Wells v. Burnham
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Action to restrain tbe issue of deeds for plaintiff’s lots on "Wells street, in tbe city of Milwaukee, upon certificates of sale thereof for certain special taxes assessed thereon for tbe amount of street commissioners’ certificates of work done in constructing a sewer in said street.
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APPEAL from tbe Circuit Court for Milwaukee County. Action to restrain tbe issue of deeds for plaintiff’s lots on "Wells street, in tbe city of Milwaukee, upon certificates of sale thereof for certain special taxes assessed thereon for tbe amount of street commissioners’ certificates of work done in constructing a sewer in said street. See Kneeland v. The Oity of Milwaukee et al, 18 Wis., 411. Tbe contract entered into between tbe street commissioners and tbe defendant Burnham, for tbe construction of said sewer, is set out in full in tbe complaint, and contains tbe following among other…
1Opinion of the CourtDowner, J.
This case must follow that of Kneeland v. The City of Milwaukee et al., 18 "Wis., 411. We are urged, however, to review the opinion in that case and overrule it, because, it is said, chapter 218, laws of 1863, under which the sewer was constructed, is an amendment to the charter of the city of Milwaukee, and hence the tax in question is subject to the provisions of sec. 9, chapter 8 of the charter, which is as follows : “ All the directions hereby given for the assessing of lands, and the levying and collection of taxes and assessments, shall be deemed only directory, and no error or…
2Cases cited2 opinions
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
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