Bond v. City of Kenosha
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Kenosha County. Action to restrain tbe defendants from executing deeds of certain lands in tbe city of Kenosba, sold in 1858 by tbe treasurer of Kenosba county, for tbe taxes of 1857. Tbe complaint alleged, in substance, that tbe sales were illegal because tbe railroad track, bridges, depot, &c., of tbe Kenosba, Bock-ford & Bock Island B. B. Co., and similar property of tbe •Milwaukee & Chicago B. B. Co., were illegally omitted from tbe…
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APPEAL from tbe Circuit Court for Kenosha County. Action to restrain tbe defendants from executing deeds of certain lands in tbe city of Kenosba, sold in 1858 by tbe treasurer of Kenosba county, for tbe taxes of 1857. Tbe complaint alleged, in substance, that tbe sales were illegal because tbe railroad track, bridges, depot, &c., of tbe Kenosba, Bock-ford & Bock Island B. B. Co., and similar property of tbe •Milwaukee & Chicago B. B. Co., were illegally omitted from tbe assessment roll; and also because there was included in tbe sums for wbicb tbe lands in question were sold, certain amounts…
1Opinion of the Court
By the Oourt,
Cole, J.
We do not understand that any other objection is taken to tbe validity of tbe tax for state, county, city and school purposes, than that tbe railroad property within the city limits was exempted in levying those taxes. This objection has been overruled in cases already decided, and need not be further considered. So, even assuming that tbe harbor tax so called was void, still tbe respondent would not be entitled to a perpetual injunction restraining tbe proceedings under tbe tax sales, except upon tbe condition that be paid the valid taxes which in equity be was bound to…
2Cases cited4 opinions
- Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
- Warden v. Board of SupervisorsWisconsin Supreme Court · 1861
- Hersey v. Board of SupervisorsWisconsin Supreme Court · 1862
- State ex rel. Christopher v. City of PortageWisconsin Supreme Court · 1860
3Cited by18 opinions
- Fifield v. Marinette CountyWisconsin Supreme Court · 1885
- Missouri River, Fort Scott & Gulf R. R. v. MorrisSupreme Court of Kansas · 1871
- Stone v. Little Yellow Drainage DistrictWisconsin Supreme Court · 1903
- Hixon v. Oneida CountyWisconsin Supreme Court · 1892
- Smith v. HumphreyMichigan Supreme Court · 1870
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