Legal Opinion

Lewis v. Town of Eagle

Wisconsin Supreme Court

Decided March 10, 1908PublishedCited by 4 opinions

Apeeae from a judgment of the circuit court for Richland county: Geoege ClemeNtsoN, Circuit Judge. Taxpayers’ action against the town of Eagle, in Richland county, Wisconsin, its supervisors, and a person having a pretended contract with the town for the construction of a town hall therein, to restrain such supervisors from doing the acts suggested in the complaint to be impending.

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Apeeae from a judgment of the circuit court for Richland county: Geoege ClemeNtsoN, Circuit Judge. Taxpayers’ action against the town of Eagle, in Richland county, Wisconsin, its supervisors, and a person having a pretended contract with the town for the construction of a town hall therein, to restrain such supervisors from doing the acts suggested in the complaint to be impending. The purport of the complaint, omitting formal matters, was this: The supervisors of the town are about to- cause $700 as a tax to be levied upon the taxable property of the town for the purpose of purchasing a site…

1Opinion of the Court

TVT/SRBTTATn, J.

There is a fundamental defect in appellants’ case as to the general tax of $1,000. As to that a question is involved which ruled Judd v. Fox Lahe, 28 Wis. 583; Sage v. Fifield, 68 Wis. 546, 32 N. W. 629; and Harley v. Lindemann, 129 Wis. 514, 109 N. W. 570.

It will be seen from the statement that the cause of com*145plaint as to the tax for general purposes was that the same was illegal but would nevertheless he extended; upon the tax roll and town orders be issued in anticipation of the collection thereof, unless the court interfered and prevented it. That was precisely the…

2Cases cited17 opinions

  1. Judd v. Town of Fox LakeWisconsin Supreme Court · 1871
  2. Peck v. School District No. 4Wisconsin Supreme Court · 1867
  3. Farmer v. St. Croix Power Co.Wisconsin Supreme Court · 1903
  4. Disch v. TimmWisconsin Supreme Court · 1898
  5. Willard v. ComstockWisconsin Supreme Court · 1883

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3Cited by4 opinions

  1. Town of Nasewaupee v. City of Sturgeon BayWisconsin Supreme Court · 1977
  2. Mitchell v. LewensohnWisconsin Supreme Court · 1947
  3. Opinion No. Oag 73-77, (1977), Wisconsin Attorney General Reports1977
  4. The People v. SmallIllinois Supreme Court · 1925

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