Legal Opinion

Hersey v. Board of Supervisors

Wisconsin Supreme Court

Decided June 15, 1862PublishedCited by 28 opinions

APPEAL from the Circuit Court for Milwaukee County. Action to restrain the execution and delivery of tax deeds, on a sale of lot six in block 14.6, in the fourth ward of Milwaukee, and lot seven in block 81, in the seventh ward, for state, county, city and ward taxes, for the year 1857, and to bare the certificates of sale cancelled.

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APPEAL from the Circuit Court for Milwaukee County. Action to restrain the execution and delivery of tax deeds, on a sale of lot six in block 14.6, in the fourth ward of Milwaukee, and lot seven in block 81, in the seventh ward, for state, county, city and ward taxes, for the year 1857, and to bare the certificates of sale cancelled. There was a ward tax assessed on eacb of said lots in tl te wards in wbicb they were respectively situated, and on one of them a special ward tax, and eacb of said lots was sold for the entire amount assessed on it for state, county, city and ward taxes, there…

1Opinion of the Court

By the Court,

Cole, J.

The main question involved in this case, namely, as to what was the effect of omitting the Newhall House, upon the validity of the general taxes of 1857, has already been considered and passed upon in Weeks vs. City of Milwaukee, 10 Wis., 242. It was there held, that the effect of exempting that property from taxation, under the ordinance of the common council of the city, was to render these taxes invalid. The counsel for the appellants, however, in the able and elaborate argument which he addressed to the court, contended that there was a distinction between the cases,…

2Cases cited2 opinions

  1. Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
  2. Bateman v. JohnsonWisconsin Supreme Court · 1859

3Cited by28 opinions

  1. Taylor v. SecorSupreme Court of the United States · 1876
  2. Koshkonong v. BurtonSupreme Court of the United States · 1882
  3. Taylor v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1898
  4. Merrill v. HumphreyMichigan Supreme Court · 1871
  5. Marsh v. Board of SupervisorsWisconsin Supreme Court · 1877

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