State ex rel. Rowe v. Krumenauer
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: E. W. Helms, Judge. This action was commenced by William Rowe, a taxpayer of the county of Eau Claire, to compel the town clerk and treasurer to alter the tax roll for the year 1906 under the provisions of ch. 134, Laws of 1905, after it had gone into the hands of the treasurer for collection, so as to include in it a sum of money alleged to he due from the taxpayers of said town hy reason of the…
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Appeal from a judgment of the circuit court for Eau Claire county: E. W. Helms, Judge. This action was commenced by William Rowe, a taxpayer of the county of Eau Claire, to compel the town clerk and treasurer to alter the tax roll for the year 1906 under the provisions of ch. 134, Laws of 1905, after it had gone into the hands of the treasurer for collection, so as to include in it a sum of money alleged to he due from the taxpayers of said town hy reason of the determination of commissioners of ■equalization appointed and acting under the provisions of secs. 10lia and 10US, Stats. (1898).…
1Opinion of the CourtKeewiN, J.
It is established without dispute that at the time this action was commenced the tax roll had passed from the possession and control of the defendant town clerk and into the possession of the defendant town treasurer. Two crucial questions, therefore, are presented at the outset upon this appeal, namely: (1) Can the defendants be compelled by mandamus, without the aid of ch. 134, Laws of 1905, to insert upon the tax roll the sum certified to the town clerk against the town? and (2) Is said ch. 134, Laws of 1905, applicable to- the case before us ?
It is fundamental that before a public officer…
2Cases cited3 opinions
- People ex rel. Lorillard v. SupervisorsNew York Supreme Court · 1853
- Colonial Life Assurance Co. v. Board of SupervisorsNew York Supreme Court · 1856
- Sullivan v. PeckhamSupreme Court of Rhode Island · 1889
3Cited by5 opinions
- Tanck v. Clerk, Middleton Joint School District No. 3Wisconsin Supreme Court · 1973
- State ex rel. Redenius v. WaggensonWisconsin Supreme Court · 1909
- State ex rel. McDonald v. NemachekWisconsin Supreme Court · 1929
- State ex rel. Rowe v. BerlinWisconsin Supreme Court · 1908
- State ex rel. Rowe v. FlorinWisconsin Supreme Court · 1908