Dietz v. City of Neenah
Wisconsin Supreme Court
Appeal from, a judgment of the circuit court for Winnebago county: Gteo. W. BueNell, Circuit Judge. This action was brought to enjoin the collection and enforcement of a special tax or assessment levied by'the common council against the plaintiff’s premises in the city of Neenali for building a sewer about 200 feet therefrom.
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Appeal from, a judgment of the circuit court for Winnebago county: Gteo. W. BueNell, Circuit Judge. This action was brought to enjoin the collection and enforcement of a special tax or assessment levied by'the common council against the plaintiff’s premises in the city of Neenali for building a sewer about 200 feet therefrom. The special tax or assessment had been carried into the tax roll by order of the common council, and the roll had been delivered to the defendant Baird, the city treasurer, for collection, and it was charged that it had become an apparent lien or cloud on the plaintiff’s…
1Opinion of the Court
The following opinion was filed September 26, 1895:
PiNkuy, J.
1. There is no practice known by which the plaintiff in an equitable, action may be nonsuited for a failure to produce evidence to support his cause of action. Such a motion can be made and allowed only in strictly legal actions. The course pursued in the present instance was clearly irregular. The court should have made a proper finding of facts and conclusions of law, pursuant to statute (R. S. sec. 2863), and, if of the opinion that the plaintiff upon his • own showing had not made out his case, should have dismissed his…
2Cases cited18 opinions
- Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Weimer v. BunburyMichigan Supreme Court · 1874
- Thomas v. GainMichigan Supreme Court · 1876
13 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Ex parte CraigCourt of Appeals for the Second Circuit · 1922
- John F. Jelke Co. v. BeckWisconsin Supreme Court · 1932
- In Re SlatteryMichigan Supreme Court · 1945
- Hennessy v. Douglas CountyWisconsin Supreme Court · 1898
44 more not listed; retrieve them via the Exa API.