State ex rel. Board of School Directors v. Nelson
Wisconsin Supreme Court
Appeal from a judgment of tbe- circuit court for Price county: JohN K. Pabish, Circuit Judge. In each of tbe years 1894 and 1895 tbe county board of Price county, in tbeir resolution determining tbe amount of tax to be levied in tbe town of “Worcester for county purposes under sec. 1074, R. S. 1878, included an item, “ county school tax,” $351.86 in 1894, and $222.26 in 1895. In tbe certificate made by tbe county clerk to tbe clerk of tbe town, under sec. 1096, R. S. 1878,…
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Appeal from a judgment of tbe- circuit court for Price county: JohN K. Pabish, Circuit Judge. In each of tbe years 1894 and 1895 tbe county board of Price county, in tbeir resolution determining tbe amount of tax to be levied in tbe town of “Worcester for county purposes under sec. 1074, R. S. 1878, included an item, “ county school tax,” $351.86 in 1894, and $222.26 in 1895. In tbe certificate made by tbe county clerk to tbe clerk of tbe town, under sec. 1096, R. S. 1878, this item was included along with all tbe other items of state and county taxes to be levied in that town, and was so…
1Opinion of the CourtDodge, J.
1. The appellants object to the judgment on the ground, among others, that the money raised by taxation and paid over to the county treasurer did not belong to the school district relator, but, if not to the county, to the town. The question of ownership of moneys thus coming into a public treasury is not easy. The whole transaction, strictly speaking, was unlawful and by mistake; but the taxpayers from whom the money came are probably not in position to reclaim it, having paid voluntarily. Whether that be so or not, they are not now seeking to recover it. We may look *114upon it as a donation by…
2Cases cited13 opinions
- Wisconsin Central Railroad v. United StatesSupreme Court of the United States · 1896
- Board of Education v. State ex rel. ReedWisconsin Supreme Court · 1898
- State ex rel. Wolff v. Board of SupervisorsWisconsin Supreme Court · 1871
- In Re Blake and Others, Ex ParteSupreme Court of the United States · 1899
- Kings County v. JohnsonCalifornia Supreme Court · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State ex rel. Board of Education v. HunterWisconsin Supreme Court · 1901
- State ex rel. Wisniewski v. RossierWisconsin Supreme Court · 1931
- Tanck v. Clerk, Middleton Joint School District No. 3Wisconsin Supreme Court · 1973
- City of Champaign v. Department of RevenueAppellate Court of Illinois · 1980
- State ex rel. Wunderlich v. KalkofenWisconsin Supreme Court · 1907
6 more not listed; retrieve them via the Exa API.