Miller v. McManus

This is an action brought by the plaintiff and respondent to recover the amount of a special drainage *53assessment, which he paid under protest, as required by the provisions of sec. 75.62, Stats., as a prerequisite of contesting the validity of the tax. The case was tried before the court without a jury, and from a judgment in favor of the plaintiff the defendants appealed. .

It appears that the plaintiff is a property owner in the drainage district in the town of Oak Creek, Milwaukee county, Wisconsin, and that he himself was active in the circulation of a petition for the construction of a…