State ex rel. Hessey v. Daniels
Wisconsin Supreme Court
Appeal from an. order of the circuit court for‘Bayfield county: John K. Pabish, Circuit Judge. By ch. 259, Laws of 1905, it is provided that whenever it. is made to appear to the state tax commissioners that the assessment of property in any assessment district was not made in substantial compliance with the law, and that the interests of the public would be promoted by a reassessment, such commissioners should have authority to order a reassessment and to name one or more…
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Appeal from an. order of the circuit court for‘Bayfield county: John K. Pabish, Circuit Judge. By ch. 259, Laws of 1905, it is provided that whenever it. is made to appear to the state tax commissioners that the assessment of property in any assessment district was not made in substantial compliance with the law, and that the interests of the public would be promoted by a reassessment, such commissioners should have authority to order a reassessment and to name one or more persons who should make the same. • It further provided that the commissioners should have authority to appoint a board…
1Dissent 1
The following opinion was filed November 28, 1910:
2Dissent · MaeshallMaeshall, J.
True, a legislative enactment is never to he declared not law if it can be sustained; or as-the rule is commonly phrased, a statute should not be held to-be unconstitutional unless it clearly appears to be so beyond' every reasonable doubt. No principle of law is more essentially elementary than that. In no period of our judicial history has greater dignity been given to it by frequent and emphatic judicial declarations than in recent years. Bon-*657nett v. Vallier, 136 Wis. 193, 116 N. W. 885; State ex rel. McGrael v. Phelps, 144 Wis. —-, 128 N.…
3Cases cited11 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- State ex rel. McGrael v. PhelpsWisconsin Supreme Court · 1910
- Bonnett v. VallierWisconsin Supreme Court · 1908
- O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
- State ex rel. Gubbins v. AnsonWisconsin Supreme Court · 1907
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