State ex rel. Bushnell v. Gates
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Rock County. Bushnell recovered a judgment against the town of Beloit, in said court, for $162.78 damages, on coupons attached to bonds issued by said town under cháp. 12, Pr. & L. Laws of 1858; and the judgment was affirmed by this court. 10 "Wis., 195. A certified copy of the judgment, with the affidavit required by. sec. 78, chap. 15, R. S., was filed with one Morse, clerk of said town, prior to the time of levying and assessing' the…
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APPEAL from tbe Circuit Court for Rock County. Bushnell recovered a judgment against the town of Beloit, in said court, for $162.78 damages, on coupons attached to bonds issued by said town under cháp. 12, Pr. & L. Laws of 1858; and the judgment was affirmed by this court. 10 "Wis., 195. A certified copy of the judgment, with the affidavit required by. sec. 78, chap. 15, R. S., was filed with one Morse, clerk of said town, prior to the time of levying and assessing' the taxes of the town for 1866, together with a demand on said clerk that he should assess the amount of the judgment, etc., on…
1Opinion of the Court
Paine, J".
The mandamus should have been granted by the circuit court. The case presented was clearly within the provisions of sections 77 and 78, chap. 15 of the Revised Statutes, which make it the specific duty of the clerk to assess upon the taxable property of the town a tax sufficient to pay the judgment.
It is said that the relator had another remedy. But it appears that the other remedy suggested would have been substantially the same one he now seeks, that is, a mandamus to compel the assessment and collection of a tax to pay the amount due him. The law under which the bonds were…
2Cases cited1 opinion
- State ex rel. Soutter v. Common Council of the MadisonWisconsin Supreme Court · 1861
3Cited by18 opinions
- Harkness v. HutchersonTexas Supreme Court · 1897
- Eureka Pipe Line Co. v. RiggsWest Virginia Supreme Court · 1914
- McDuff v. BeauchampMississippi Supreme Court · 1874
- Howard v. City of HuronSouth Dakota Supreme Court · 1894
- State ex rel. Sloan v. WarnerWisconsin Supreme Court · 1882
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