City of Fond du Lac v. Estate of Otto
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Fond du Lac county: Michael KjewaN, Circuit Judge. Tbe plaintiff city filed its claim in tbe county court of Fond du Lae county against tbe estate of one Charles Otto, deceased, to recover taxes alleged to be owing by said estate. Tbe claim was disallowed by tbe county court, and from sucb disallowance tbe city appealed to tbe circuit court, where tbe action was tried without a jury.
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Appeal from a judgment of tbe circuit court for Fond du Lac county: Michael KjewaN, Circuit Judge. Tbe plaintiff city filed its claim in tbe county court of Fond du Lae county against tbe estate of one Charles Otto, deceased, to recover taxes alleged to be owing by said estate. Tbe claim was disallowed by tbe county court, and from sucb disallowance tbe city appealed to tbe circuit court, where tbe action was tried without a jury. Tbe facts were undisputed, and were found by tbe court substantially as follows: (1) That during tbe years 1896, 1897, and 1898, and up to April 6, 1899, Charles…
1Opinion of the CourtWiNSLOw, J.
It was first claimed by respondent that the-circuit court acquired no jurisdiction of the appeal from the county court, because the undertaking was defective. The-undertaking, after reciting the intention of the city to appeal, proceeded as follows:
“Now, therefore, we, the city of Fond du Lac, of said, county, and W. H. Coughlin and T. E. Ahern, of said city,, do undertake, in the sum of $250, that said city of Fond dw Lac will diligently prosecute its appeal to effect, and to pay all damages and costs which may be awarded against him on-such appeal.
“Attest:
* F. A. Baetlett,
City Clerk.
J. B.…
2Cases cited3 opinions
- State ex rel. Davis & Starr Lumber Co. v. PorsWisconsin Supreme Court · 1900
- Morris v. KeilSupreme Court of Minnesota · 1874
- Hayden v. RoeWisconsin Supreme Court · 1886
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