Legal Opinion

Eaton v. Supervisors of Manitowoc County

Wisconsin Supreme Court

Decided August 15, 1876PublishedCited by 16 opinions

APPEAL from tlie Circuit Court for Manitowoc County. At the annual session of the defendant board of supervisors in 1874, and on the third day of such session, the plaintiff filed with the clerk of such board three schedules of tax certificates, with the following caption to each: “List of illegal tax .certificates presented by B. B. Baton.” To each list was appended a verification in due form.

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APPEAL from tlie Circuit Court for Manitowoc County. At the annual session of the defendant board of supervisors in 1874, and on the third day of such session, the plaintiff filed with the clerk of such board three schedules of tax certificates, with the following caption to each: “List of illegal tax .certificates presented by B. B. Baton.” To each list was appended a verification in due form. In separate columns these lists show the number of each certificate, the date of sale, the description of land sold, the sum for which the same was sold, the interest on such sum, and the total amount…

1Opinion of the CourtLyon, J.

A large mass of testimony is returned in the record, tending to show that the tax certificates on which the plaintiff’s claim is predicated, were, for various causes, illegally issued. There are nearly two hundred of these certificates, and the court did not require the plaintiff to classify them and specify the grounds on which each class is claimed to be illegal. While the failure to do so probably was not error, inasmuch as the county does not seem to have been prejudiced thereby, yet the court should have required the plaint*672iff to file a complaint specifying the grounds of liis claim with…

2Cases cited1 opinion

  1. Pringle v. DunnWisconsin Supreme Court · 1876

3Cited by16 opinions

  1. Phil. H. Pierce Co. v. WatkinsTexas Supreme Court · 1924
  2. Mulvey v. City of BostonMassachusetts Supreme Judicial Court · 1908
  3. Gilbert v. . AckermanNew York Court of Appeals · 1899
  4. Lamb v. Powder River Live Stock Co.Court of Appeals for the Eighth Circuit · 1904
  5. Merchants National Bank v. BraithwaiteNorth Dakota Supreme Court · 1898

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