Crane v. City of Fond du Lac
Wisconsin Supreme Court
APPEAL from the Circuit court for Fond du Lac County. The plaintiff, on the 20 th day of September, 1860, recovered judgment against the defendant for $167.71, and on the 8th of June, 1861, execution was issued thereon, by virtue of which the sheriff levied on certain real estate belonging to the defendant and advertised tíre same for sale.
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APPEAL from the Circuit court for Fond du Lac County. The plaintiff, on the 20 th day of September, 1860, recovered judgment against the defendant for $167.71, and on the 8th of June, 1861, execution was issued thereon, by virtue of which the sheriff levied on certain real estate belonging to the defendant and advertised tíre same for sale. The defendant moved to set aside the execution and all proceedings under it, for the reason that no execution can issue against a city, under the laws of the state. The circuit court over-ruled this motion and from the order over-ruling the same the…
1Opinion of the Court
By the Court,
Paine, J.
There being no special provision in the charter of the City of Fond du Lac, prescribing in what manner judgments against, the city should be enforced, we think it is governed by the general provisions of law in regard to towns. Those provisions are, that no execution shall issue, but that the amount of the judgment shall be made part of the next tax roll and collected as other taxes. Secs. 77, 78, chap, 15 R. S. Sec. 11, chap. 5, provides that “ the word town may be construed to include all cities, &c.,” “ unless such construc*197tion would be repugnant to the provisions of…
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