State ex rel. Davis & Starr Lumber Co. v. Pors
Wisconsin Supreme Court
Appeal from an order of the circuit court for Wood county Chas. M\ Webb, Circuit Judge. On November 4, 1899, a writ of certiorari was issued out. of the circuit court to the respondent as clerk of the city of Marshfield, commanding him to send up for review the proceedings taken in reference to the assessment against the relator in 1899 of certain property omitted in 1898. From the return it appears that the relator was assessed,, under the heading, “Yalue of Logs, Timber,…
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Appeal from an order of the circuit court for Wood county Chas. M\ Webb, Circuit Judge. On November 4, 1899, a writ of certiorari was issued out. of the circuit court to the respondent as clerk of the city of Marshfield, commanding him to send up for review the proceedings taken in reference to the assessment against the relator in 1899 of certain property omitted in 1898. From the return it appears that the relator was assessed,, under the heading, “Yalue of Logs, Timber, Lumber, Ties, Poles, and Posts, Mfrs. Stock,” $11,335, and in addition-was assessed under the same heading .$14,604,…
1Opinion of the CourtDodge, J.
1. The circuit court having expressly declared that it quashed the writ of certiorari “ on the merits,” we, for the purposes of this review, shall consider its action as tantamount to a judgment of affirmance, in the light of State ex rel. Gray v. Common Council of Oconomowoc, 104 Wis. 622, 628, and authorities there cited. Upon such consideration two principal questions arise, and have been debated with much vigor by counsel: first, whether sec. 1059, Stats. 1898, as amended by ch. 50, Laws of 1899, authorizes reassessment upon any omitted personal property which between the time of its…
2Cases cited22 opinions
- Sturges v. CarterSupreme Court of the United States · 1885
- Harrington v. SmithWisconsin Supreme Court · 1871
- Flanders v. Town of MerrimackWisconsin Supreme Court · 1880
- Warden v. Board of SupervisorsWisconsin Supreme Court · 1861
- Parker v. KaneWisconsin Supreme Court · 1856
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3Cited by37 opinions
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- Galusha v. WendtSupreme Court of Iowa · 1901
- State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1906
- Employers Insurance of Wausau v. SmithWisconsin Supreme Court · 1990
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