Massing v. Ames
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action to set aside a general tax, and five special assessments, levied upon plaintiff’s lots in 1871, and to restrain a sale of the lots for nonpayment thereof.
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APPEAL from the Circuit Court for Dane County. Action to set aside a general tax, and five special assessments, levied upon plaintiff’s lots in 1871, and to restrain a sale of the lots for nonpayment thereof. On the trial, the 'court found that all of the special assessments, except one called the sewer tax, were illegal, and directed that, upon payment within thirty days of the general and sewer taxes, the plaintiff should have judgment for the relief asked; otherwise the complaint should be dismissed, the plaintiff in any case to pay costs. The payment not being made as directed, judgment…
1Opinion of the CourtCole, J.
On the payment of the general tax for 1871, the circuit court entered a judgment enjoining the collection of all the special or local taxes mentioned in the complaint, but without costs to either party. The plaintiff has appealed from so much of the judgment as denied her costs. It is now claimed that the plaintiff was entitled to recover costs, upon two grounds. First, it is said that under the decision of this court on the former appeal, costs should be awarded the plaintiff. It was certainly not the intention of this court to give any direction in respect to payment of costs, and its order…
2Cases cited2 opinions
- Green v. WescottWisconsin Supreme Court · 1861
- Smith v. SmithWisconsin Supreme Court · 1874