Wisconsin Central Railroad v. Ashland County
Wisconsin Supreme Court
APPEAL from, the Circuit Court for Ashland County. This action was commenced April 6, 1889, to cancel and set aside the assessment of taxes upon the lands of the plaintiff the town of Ashland, in said county, for the' year 1888, on the ground of numerous irregularities alleged, and for a perpetual injunction restraining the defendants from selling the same, or in any manner attempting to enforce the collection thereof. The irregularities sufficiently appear in the findings.
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APPEAL from, the Circuit Court for Ashland County. This action was commenced April 6, 1889, to cancel and set aside the assessment of taxes upon the lands of the plaintiff the town of Ashland, in said county, for the' year 1888, on the ground of numerous irregularities alleged, and for a perpetual injunction restraining the defendants from selling the same, or in any manner attempting to enforce the collection thereof. The irregularities sufficiently appear in the findings. The answer, after admitting certain allegations of the complaint, alleges, upon information and belief, that each and…
1Opinion of the CourtCassoday, J.
When the cause was called for trial, and before offering any evidence, the plaintiff moved to strike out the answer as frivolous, and for judgment in its favor upon the pleadings. This motion was based upon the fact that the answer, after admitting certain facts, alleges, upon ■information and belief, in effect, that each and every material allegation of the complaint not so admitted “ is false •and untrue, and therefore denies the same.” Error is assigned because the court overruled such motion. It is *8enough here to say that, although the complaint is mostly based upon public records, it is…
2Cases cited14 opinions
- The People v. . CookNew York Court of Appeals · 1853
- Mills v. GleasonWisconsin Supreme Court · 1860
- Fifield v. Marinette CountyWisconsin Supreme Court · 1885
- State ex rel. Willis v. PrinceWisconsin Supreme Court · 1878
- Boorman v. Juneau CountyWisconsin Supreme Court · 1890
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3Cited by13 opinions
- Brink v. DannSouth Dakota Supreme Court · 1913
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- Hixon v. Oneida CountyWisconsin Supreme Court · 1892
- Village of Westby v. BekkedalWisconsin Supreme Court · 1920
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