Massing v. Ames
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bane County. This action was brought to restrain the treasurer of Dane county from selling a large number of lots in the city of Madison, belonging to the plaintiff, for the unpaid taxes thereon for the year 1871, and to set aside such taxes.
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APPEAL from the Circuit Court for Bane County. This action was brought to restrain the treasurer of Dane county from selling a large number of lots in the city of Madison, belonging to the plaintiff, for the unpaid taxes thereon for the year 1871, and to set aside such taxes. There was assessed on all of such lots in that year a general tax, and on different portions of them five special taxes or assessments, all of which are alleged to be void for reasons stated in the complaint. After the cause was tried, the circuit judge in due time filed his findings of fact and conclusions of law…
1Opinion of the CourtLyon, J.
The appeal is prematurely taken, and must be dismissed. The paper in the record in the form of a judgment, and from which the appeal is taken, is not a judgment. A judgment, under our present practice, is defined to be “ the final determination of the rights of the parties in the action.” R. S., ch. 182, sec. 25. Here there has been no final determination of such rights. If the plaintiff redeems the lots affected *412by the illegal assessments, from the general taxes and the sewer assessments thereon, within the time fixed by the coart, judgment will be entered granting her the relief demanded in…
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