Fisk v. City of Kenosha
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Section 44 of the charter of the City of Kenosha (approved February 8,1850) provides that no tax shall he levied, nor money or other property borrowed, for the purpose of constructing a certain harbor, mentioned in sec. 43, “ unless a majority of the voters possessed of a freehold estate, or occupying lots upon leases, on which lots they pay the taxes, who shall actually vote upon the question, shall first in each year…
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APPEAL from the Circuit Court for Milwaukee County. Section 44 of the charter of the City of Kenosha (approved February 8,1850) provides that no tax shall he levied, nor money or other property borrowed, for the purpose of constructing a certain harbor, mentioned in sec. 43, “ unless a majority of the voters possessed of a freehold estate, or occupying lots upon leases, on which lots they pay the taxes, who shall actually vote upon the question, shall first in each year determine to raise such a tax or authorize such loanand it provides further for holding such an election. Section 8 of an…
1Opinion of the CourtPaine, J.
This is an action upon scrip issued by the City of Kenosha under that section of its charter which was declared, unconstitutional and void by this court in Foster v. Kenosha, 12 Wis. 616. It was stated in that opinion that we should not attempt to determine in that proceeding, which was merely to restrain the levy of a tax, whether the scrip issued under that section was void or not. This was said because that question was not directly in the case, and because it was not proper then to anticipate the question, what might be the rights of a bona fide holder of such scrip for value.
That…
2Cases cited2 opinions
- Campbell v. KenoshaSupreme Court of the United States · 1867
- Foster v. City of KenoshaWisconsin Supreme Court · 1860
3Cited by8 opinions
- Dean v. BorchseniusWisconsin Supreme Court · 1872
- Single v. Supervisors of Marathon CountyWisconsin Supreme Court · 1875
- State ex rel. Neacy v. City of MilwaukeeWisconsin Supreme Court · 1912
- Smith v. City of Fond du LacU.S. Circuit Court for the District of Eastern Wisconsin · 1881
- Long v. City of New LondonU.S. Circuit Court for the District of Eastern Wisconsin · 1880
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