Legal Opinion

Brightman v. Kirner

Wisconsin Supreme Court

Decided September 15, 1867PublishedCited by 10 opinions

APPEAL from tbe Circuit Court for Milwaukee County. Ejectment, for lots in tbe city of Milwaukee. Plaintiff claimed under tax deeds on sales made by tbe city treasurer for tbe non-payment of special taxes or assessments for local improvements in said city. Tbe facts admitted, and relied on as a defense, are stated in tbe first two sentences of tbe opinion, infra.

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APPEAL from tbe Circuit Court for Milwaukee County. Ejectment, for lots in tbe city of Milwaukee. Plaintiff claimed under tax deeds on sales made by tbe city treasurer for tbe non-payment of special taxes or assessments for local improvements in said city. Tbe facts admitted, and relied on as a defense, are stated in tbe first two sentences of tbe opinion, infra. Tbe plaintiff appeals from a judgment of nonsuit. relied upon secs. 22 and 23, cbap. 10, of tbe charter of Milwaukee (recited in tbe second paragraph of tbe opinion), and contended that cbap. 74, Laws of 1854, should not be regarded…

1Opinion of the Court

The following opinion was filed at the January term, 1867:

Cole, J.

It was admitted on the trial by the plaintiff, that the premises mentioned in the complaint belonged to the LaCrosse & Milwaukee Railroad Company, at the several times, when the same were assessed and sold for special taxes by the city of Milwaukee, from 1855 to 1859, inclusive; and that the premises adjoined the track of the road of the company when the taxes or special assessments were levied. Further, it was admitted that the railroad, company had fully complied on its part with sec. 2, chap. 74, Laws *58of 1854, by paying to…

2Cited by10 opinions

  1. Great Northern Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
  2. Boyle v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1897
  3. Thompson v. Board of TrusteesCalifornia Supreme Court · 1904
  4. Duluth, South Shore & Atlantic Railway Co. v. Douglas CountyWisconsin Supreme Court · 1899
  5. President of Platteville v. McKernanWisconsin Supreme Court · 1882

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