Town of Iron River v. Bayfield County
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Bayfield county: JonN K. Paeish, Circuit Judge. The plaintiff town filed as a claim with the county board of supervisors a petition setting forth that the county was indebted to the town in the sum of $15,461.54 for balance of account for delinquent taxes returned by the town treasurer of said town to the county treasurer of said county in the years 1893, 1894, 1895, 1896, 1891, and 1898 (beingtaxes for the years 1892 to 1897,…
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Appeal from a judgment of the circuit court for Bayfield county: JonN K. Paeish, Circuit Judge. The plaintiff town filed as a claim with the county board of supervisors a petition setting forth that the county was indebted to the town in the sum of $15,461.54 for balance of account for delinquent taxes returned by the town treasurer of said town to the county treasurer of said county in the years 1893, 1894, 1895, 1896, 1891, and 1898 (beingtaxes for the years 1892 to 1897, inclusive), and asserting that the petition annexed was a true statement of all the delinquent taxes returned, and also…
1Opinion of the Court
Dodge, J".
Appellant urges that since the judgment roll discloses no written demurrer, and the bill of exceptions ■ shows no renewal before the court of the objection to any •evidence under the complaint, we should consider the judgment as one rendered upon trial of the facts, and should examine the evidence to ascertain whether it supports the judgment. Much confusion results from loosely designating as a demurrer ore tenus an objection to all evidence because the complaint is insufficient. As pointed out in Smith v. Kibling, 97 Wis. 207, and Mandelert v. Superior C. L. Co. 104 Wis. 423, such…
2Cases cited9 opinions
- State ex rel. Donnelly v. HobeWisconsin Supreme Court · 1900
- Donkle v. MilemWisconsin Supreme Court · 1894
- Hoyt v. FassWisconsin Supreme Court · 1885
- Finney v. City of OshkoshWisconsin Supreme Court · 1864
- Jenks v. City of RacineWisconsin Supreme Court · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Jewell v. City of SuperiorCourt of Appeals for the Seventh Circuit · 1904
- Sanderson v. HermanWisconsin Supreme Court · 1901
- Oneida County v. TibbitsWisconsin Supreme Court · 1905
- Town of Bell v. Bayfield CountyWisconsin Supreme Court · 1931
- City of Superior v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1913
8 more not listed; retrieve them via the Exa API.