Day v. Town of Pelican
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Oneida county: Chas. V. Baedeen, Circuit Judge. This action was brought to recover $1,181.25, part of a tax of $1,614.38, assessed against the plaintiffs, who were engaged in the manufacture of lumber at Rhinelander, in the town of Peliecm, Wisconsin, illegally, as it was claimed; payment thereof having been made under protest, to prevent the seizure and sale of their property.
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Appeal from a judgment of the circuit court for Oneida county: Chas. V. Baedeen, Circuit Judge. This action was brought to recover $1,181.25, part of a tax of $1,614.38, assessed against the plaintiffs, who were engaged in the manufacture of lumber at Rhinelander, in the town of Peliecm, Wisconsin, illegally, as it was claimed; payment thereof having been made under protest, to prevent the seizure and sale of their property. The plaintiffs made a return to the assessor of saw logs, without stating any quantity, valued at $8,250, as being all of their personal property liable to taxation in…
1Opinion of the CourtPinney, J.
1. It is provided by sec. 1164, S. & B. Ann. Stats., that “ any person aggrieved by the levy and collection of any unlawful tax assessed against him in any town, city or village, may have and maintain an action against such town, city or village for the recovery of all moneys so unlawfully levied and collected of him: . . . provided, however, that no action shall be maintained under the provisions of this section unless it be made to appear to the court that the plaintiff has paid more them his equitable share of such taxes.” The plaintiffs were engaged in logging and lumbering at…
2Cases cited2 opinions
- Hixon v. Oneida CountyWisconsin Supreme Court · 1892
- State ex rel. Holt Lumber Co. v. BellewWisconsin Supreme Court · 1893
3Cited by14 opinions
- Wells v. Western Paving & Supply Co.Wisconsin Supreme Court · 1897
- Lawton v. City of RacineWisconsin Supreme Court · 1909
- Marina Fontana v. Village of Fontana-On-Geneva LakeWisconsin Supreme Court · 1983
- Lewis v. City of RacineWisconsin Supreme Court · 1923
- Yawkey-Bissell Corp. v. Town of LangladeWisconsin Supreme Court · 1952
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