City of Milwaukee v. Firemen Relief Ass'n of Milwaukee

In the portion of this case appealed earlier, we commended the opinion in the Associated Hospital Service Case to the attention of the trial court. In that case, this court concluded that, under sec. 74.73, Stats., a taxpayer was not entitled to recover interest from a city for the city’s use of the money refunded to the taxpayer.

The majority of the court relied, as did the trial court in this instance, upon Schlesinger v. State (1928), 195 Wis. 366, 218 N. W. 440. The rationale of that case was simply that the failure of a tax refund statute to provide for the payment of interest is…