Dean v. Charlton
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. Action to restrain tbe sale of certain lots in tbe city of Madison for tbe amount of a special tax assessed against them to pay for tbe construction of a “ Nicholson ” pavement in tbe adjoining street, and for grading tbe street to receive said pavement, and also to bave said tax declared illegal, etc.
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APPEAL from tbe Circuit Court for Dane County. Action to restrain tbe sale of certain lots in tbe city of Madison for tbe amount of a special tax assessed against them to pay for tbe construction of a “ Nicholson ” pavement in tbe adjoining street, and for grading tbe street to receive said pavement, and also to bave said tax declared illegal, etc. Section 3, chapter 526, Laws of 1865, provides, that, whenever tbe common council of said city shall determine to grade and pave any street, they shall cause certain estimates of tbe amount of work required, and tbe expense thereof to each lot, to…
1Opinion of the Court
The following opinion was filed at the February term, 1868.
PaiNE, J.
This action was brought to enjoin the sale of the plaintiff’s lands for an assessment imposed upon them for paving the streets in front of them with what is known as the “Nicholson pavement.” It is claimed that the proceedings failed in several respects to comply with the provisions of the charter, in matters so essential as to render the tax void. But another objection is taken, which goes to the foundation of the whole proceeding; and the conclusion to which a majority of *602tbe court bave come upon tbat, will preclude tbe…
2Cases cited3 opinions
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
- Harlem Gas Co. v. . Mayor, C., of N.Y.New York Court of Appeals · 1865
- Myrick v. City of La CrosseWisconsin Supreme Court · 1863
3Cited by43 opinions
- Mills v. CharletonWisconsin Supreme Court · 1872
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Ricketson v. City of MilwaukeeWisconsin Supreme Court · 1900
- Barber Asphalt Paving Co. v. HuntSupreme Court of Missouri · 1889
- Dean v. BorchseniusWisconsin Supreme Court · 1872
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