Power v. Kindschi
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sa.uk, County. The case is thus stated by Mr. Justice Cassoday: “ This was an action of replevin originally brought in justice’s court against the respondents and one Sprecher, to recover possession of a cow taken from the plaintiff by the defendant Kindsohi, as town treasurer, on a tax warrant issued by Sprecher, as town clerk, prior to the commencement of the action. The cow had been sold on the tax warrant to the defendant Kldbundi.
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APPEAL from the Circuit Court for Sa.uk, County. The case is thus stated by Mr. Justice Cassoday: “ This was an action of replevin originally brought in justice’s court against the respondents and one Sprecher, to recover possession of a cow taken from the plaintiff by the defendant Kindsohi, as town treasurer, on a tax warrant issued by Sprecher, as town clerk, prior to the commencement of the action. The cow had been sold on the tax warrant to the defendant Kldbundi. The justice rendered judgment in favor of the plaintiff, and against all the defendants, who thereupon appealed to the…
1Opinion of the Court
Cassoday, JV
The question presented is important, as all questions are which bear upon the collection of the revenue of the state. It is confessed in the record that the assessor failed to annex to the assessment roll his affidavit as required by sec. 1063, R. S., as amended by sec. 6, ch. 6, Laws of 1880, or any affidavit. It was sought by sec. 2, ch. 334, Laws of 1878 (sec. 11645, R. S.), to malte such omission harmless, but the attempt was held to be abortive, as an unauthorized intrusion upon the judicial functions. Plumer v. Marathon Co., 46 Wis., 177; Tierney v. Union L. Co., 47 Wis.,…
2Cases cited36 opinions
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Grace v. MitchellWisconsin Supreme Court · 1872
- Plumer v. Board of SupervisorsWisconsin Supreme Court · 1879
- Chegaray v. . JenkinsNew York Court of Appeals · 1851
- Bogert v. PhelpsWisconsin Supreme Court · 1861
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3Cited by11 opinions
- Commercial Investment Trust, Inc. v. William Frankfurth Hardware Co.Wisconsin Supreme Court · 1922
- Crowell v. BarhamSupreme Court of Arkansas · 1893
- Keystone Lumber Co. v. PedersonWisconsin Supreme Court · 1896
- Harris v. SnyderWisconsin Supreme Court · 1902
- Corbet v. Town of RocksburySupreme Court of Minnesota · 1905
6 more not listed; retrieve them via the Exa API.