Hamilton v. City of Fond Du Lac
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Fond du Lac County. This was an action to Rave an assessment of a special ‘ ‘ improvement ’ ’ tax upon certain lots in the city of Pond du Lac declared null, and to have a certificate of sale of said lots, in the hands of the city treasurer, surrendered by him to be canceled, and to restrain defendants, etc., from selling certain personal property of- the plaintiff to make the amount of said assessment.
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APPEAL from tlie Circuit Court for Fond du Lac County. This was an action to Rave an assessment of a special ‘ ‘ improvement ’ ’ tax upon certain lots in the city of Pond du Lac declared null, and to have a certificate of sale of said lots, in the hands of the city treasurer, surrendered by him to be canceled, and to restrain defendants, etc., from selling certain personal property of- the plaintiff to make the amount of said assessment. The facts alleged in the complaint are substantially as follows: During the years 1867 and 1868, and thereafter until the commencement of this action,…
1Opinion of the Court
Paiíte, J.
The decisions of this court in The State ex rel. Roe v. Williston, 20 Wis. 228, and in Crane v. Janesville, id. 305, have settled the rule that a,n assessment against one person of lots owned by himself and of lots owned by others, as a single assessment, is void. This, however, must be understood to be subject to the exception, that the person against whom the assessment is made is not the occupant of such portion of thé lots as he does not own, inasmuch as the statute allows lands to be assessed to the owner or occupant.
The complaint in this case shows a good cause of action…
2Cases cited1 opinion
- State ex rel. Roe v. WillistonWisconsin Supreme Court · 1865
3Cited by19 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Hersey v. Board of SupervisorsWisconsin Supreme Court · 1875
- Love v. CavettSupreme Court of Oklahoma · 1910
- Hammel v. Queen Insurance Co. of London & LiverpoolWisconsin Supreme Court · 1880
- Hebard v. Ashland CountyWisconsin Supreme Court · 1882
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