Evans v. Sharp
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Action to. restrain proceedings for tbe collection of an assessment on plaintiff’s lots in tbe city of Osbbosb, to pay for a Nicholson pavement. Tbe city of Oshkosh,- and tbe county treasurer and' board of supervisors of Winnebago county, are joined as defendants witb William Sharp, one of tbe contractors wbo laid tbe pavement.
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APPEAL from tbe Circuit Court for Winnebago County. Action to. restrain proceedings for tbe collection of an assessment on plaintiff’s lots in tbe city of Osbbosb, to pay for a Nicholson pavement. Tbe city of Oshkosh,- and tbe county treasurer and' board of supervisors of Winnebago county, are joined as defendants witb William Sharp, one of tbe contractors wbo laid tbe pavement. Tbe complaint sets out at length tbe pleadings and proceedings in an action commenced by tbe plaintiff in 1867, to restrain tbe collection or enforcement of the original assessment made in 1866, against a part of lot…
1Opinion of the CourtDixoN, C. J.
This is an action to restrain proceedings upon a re-assessment to pay for a Nicholson pavement laid down in one of the streets of the city of Oshkosh, the original assessment for which had failed and been set aside for the same reason as in Dean v. Charleton, 23 Wis., 590, and Mills v. Charleton, *569ante p. 400. As in tbe latter case, so in tbis, tbe plaintiff bad obtained a judgment perpetually enjoining proceedings upon tbe original assessment, before tbe act authorizing tbe re-asses’sment was passed. That act (cb. 167, P. & L. Laws of 1870) is also a verbatim copy, as well witb respect to tbé…
2Cases cited14 opinions
- Motz v. City of DetroitMichigan Supreme Court · 1869
- Brewster v. . City of SyracuseNew York Court of Appeals · 1859
- The Sun Mutual Ins. Co. v. . the Mayor, C., of New YorkNew York Court of Appeals · 1853
- Dean v. CharltonWisconsin Supreme Court · 1869
- Howell v. . the City of BuffaloNew York Court of Appeals · 1867
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3Cited by9 opinions
- Morris & Cummings v. State ex rel. GussettTexas Supreme Court · 1884
- Milwaukee County v. IsenringWisconsin Supreme Court · 1901
- City of Brookfield v. Milwaukee Metropolitan Sewerage DistrictWisconsin Supreme Court · 1992
- Board of Commissioners v. Board of CommissionersSupreme Court of Kansas · 1881
- State ex rel. Hammann v. LevitanWisconsin Supreme Court · 1929
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