Legal Opinion

Woodruff v. Town of Depere

Wisconsin Supreme Court

Decided March 18, 1884PublishedCited by 5 opinions

APPEAL from the Circuit Court for Brown County. The case is thus stated by Mr Justice Cassoday: “ This was an action to enjoin and set aside certain taxes levied and assessed in the year 1878 on the lands of the plaintiffs in the defendant town.

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APPEAL from the Circuit Court for Brown County. The case is thus stated by Mr Justice Cassoday: “ This was an action to enjoin and set aside certain taxes levied and assessed in the year 1878 on the lands of the plaintiffs in the defendant town. On issue joined and trial had, the court made and filed findings of fact and conclusions of law, June 2, 18S2, holding the assessment invalid for reasons affecting the groundwork of the tax and all the property in the town, and thereupon the court immediately stayed all proceedings in such action, until a reassessment of the property of such town…

1Opinion of the CourtCassoday, J.

The reassessment was not completed by the clerk until more than four and a half months after it 'was ordered. The plaintiffs desired to contest the validity of the same, but failed to file their objections thereto within twenty days after its completion, as required. Sec. 12105, R. S., as amended by sec. 5, ch. 255, Laws of 1819, and ch. 128, Laws of 1881. It is claimed that allowing such objections to be filed and served thereafter was error. The statute provides, in effect that the court, or a judge, may, on motion and good cause shown, in his discretion, and upon such terms as may be just,…

2Cases cited2 opinions

  1. Cartright v. Town of BelmontWisconsin Supreme Court · 1883
  2. Clark v. BergenthalWisconsin Supreme Court · 1881

3Cited by5 opinions

  1. Whereatt v. EllisWisconsin Supreme Court · 1886
  2. Stylow v. Wisconsin Odd Fellows Mutual Life InsuranceWisconsin Supreme Court · 1887
  3. Jackson v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1891
  4. Morgan v. BishopWisconsin Supreme Court · 1884
  5. Sullivan v. Ladies Catholic Benevolent Ass'nMichigan Supreme Court · 1921

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