Legal Opinion · Dissent

Associated Hospital Service, Inc. v. City of Milwaukee

Wisconsin Supreme Court

Decided November 27, 1962Published

1DissentCurrie, J.

I respectfully dissent from the majority holding that plaintiff taxpayer, which involuntarily paid real and personal-property taxes illegally imposed upon it, is not entitled to recover interest on the refund of these payments. The thrust of this dissent is that the subsequent decisions of this court in Yawkey-Bissell Corp. v. Langlade (1952), 261 Wis. 524, 53 N. W. (2d) 174, and Associated Hospital Service v. Milwaukee (1961), 13 Wis. (2d) 447, 109 N. W. (2d) 271, which are in direct conflict with Schlesinger v. State (1928), 195 Wis. 366, 218 N. W. 440, 57 A. L. R. 352, leave this court…

2Cases cited15 opinions

  1. Holytz v. City of MilwaukeeWisconsin Supreme Court · 1962
  2. Arkadelphia Milling Co. v. St. Louis Southwestern Railway Co.Supreme Court of the United States · 1919
  3. Associated Hospital Service, Inc. v. City of MilwaukeeWisconsin Supreme Court · 1961
  4. Philadelphia & Reading Coal & Iron Co. v. Tamaqua Borough School DistrictSupreme Court of Pennsylvania · 1931
  5. Schlesinger v. StateWisconsin Supreme Court · 1928

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API