Wiesmann v. Town of Brighton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. This action was brought by the executors of the will of one Jacob Wiesmann, who died in September, 1885. It was originally commenced in a justice’s court.
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APPEAL from the Circuit Court for Kenosha County. This action was brought by the executors of the will of one Jacob Wiesmann, who died in September, 1885. It was originally commenced in a justice’s court. The complaint alleges that in 1862 school district No. 7 in the defendant town was organized; that in 1877 a part of the town of Paris was annexed to said school district, thereby forming joint school district No. 7 of the towns of Brighton and Paris; that said testator’s estate was all in said joint district ; that the town clerk of Brighton unlawfully and unjustly placed the real and…
1Opinion of the CourtCassoday, J.
This is an action to recover back money had and received. Such an action, though legal in form, is in its nature an equitable remedy, and can only be main*552tained where the defendant has received money which, in equity and good conscience, he ought to pay to the plaintiff. Fay v. Lovejoy, 20 Wis. 407; Wells v. Am. Fxp. Co. 49 Wis. 224. The mere fact that the tax proceedings may have been irregular, and the amount of the tax has been paid under protest, will not authorize a recovery. Rutledge v. Price Co. 66 Wis. 35. The plaintiffs neither allege nor prove any defect or irregularity going to the…
2Cases cited6 opinions
- Hei v. HellerWisconsin Supreme Court · 1881
- Wells v. American Express Co.Wisconsin Supreme Court · 1880
- Pier v. ProutyWisconsin Supreme Court · 1886
- Rutledge v. Price CountyWisconsin Supreme Court · 1886
- Ladd v. AndersonWisconsin Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Opitz v. KarelWisconsin Supreme Court · 1903
- In re Guardianship of WelchWisconsin Supreme Court · 1900
- Steuerwald v. RichterWisconsin Supreme Court · 1914
- South Broadway Nat. Bank of Denver v. City & County of DenverCourt of Appeals for the Tenth Circuit · 1931
- First National Bank v. SorensonMontana Supreme Court · 1922
2 more not listed; retrieve them via the Exa API.