Bigelow v. Town of Washburn
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Bayfield, ■county; JohN K. Paktsb:, Circuit Judge. The plaintiffs brought this action in the circuit court for Bayfield county to set aside the taxes levied on their real and personal property for the year 1895, and to restrain defendant’s treasurer from levying upon their personal property to collect the same. A temporary restraining order was issued by the court, which was afterwards set aside upon defendant’s application.
Read the full summary
Appeals from a judgment of the circuit court for Bayfield, ■county; JohN K. Paktsb:, Circuit Judge. The plaintiffs brought this action in the circuit court for Bayfield county to set aside the taxes levied on their real and personal property for the year 1895, and to restrain defendant’s treasurer from levying upon their personal property to collect the same. A temporary restraining order was issued by the court, which was afterwards set aside upon defendant’s application. Pending the suit, defendant’s treasurer levied upon plaintiffs’ personal property for the taxes upon their real and…
1Opinion of the CourtBaRdeeN, J.
The point is made that the amended complaint does not state facts sufficient to constitute a cause of action, in that it fails to allege the filing of a claim with the town clerk to be laid before the town board of audit, as required by sec. 824, R. S. 1878. The objection is first raised in this court. No demurrer was filed to the complaint; no objection that was available to defendant was taken at the trial; and no plea in abatement was interposed. Under repeated decisions of this court, the failure to make timely objections in the manner indicated is an effectual waiver of the right to…
2Cases cited15 opinions
- Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- Cole v. GetzingerWisconsin Supreme Court · 1897
- Combs v. ScottWisconsin Supreme Court · 1890
- Hixon v. Oneida CountyWisconsin Supreme Court · 1892
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Schlesinger v. StateWisconsin Supreme Court · 1928
- O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Maloney v. MaloneyCalifornia Court of Appeal · 1944
9 more not listed; retrieve them via the Exa API.