Dahlman v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oreew T. Williams, Circuit Judge. Action to enjoin the sale of land for nonpayment of a street improvement tax. The city of Milwaukee, which imposed the special tax, and the owner of the certificate, 0. Beck, who did the work as contractor, were joined as defendants.
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Appeal from a judgment of the circuit court for Milwaukee county: Oreew T. Williams, Circuit Judge. Action to enjoin the sale of land for nonpayment of a street improvement tax. The city of Milwaukee, which imposed the special tax, and the owner of the certificate, 0. Beck, who did the work as contractor, were joined as defendants. The claim of the plaintiffs was that the assessment was invalid because made on an arbitrary basis of $6 per front foot for benefits regardless of damages, the assessing board well knowing, as the fact was, at the time of making the assessment that the contemplated…
1Opinion of the CourtMarshall, J.
Tbe primary right claimed by plaintiffs is that tbeir property was not legally chargeable with the improvement tax which, in form, was imposed thereon and a certificate issued therefor and delivered to respondent. The principal defendant necessarily was the city of Milwaukee, it being the actor in imposing the tax and in enforcing the same, to the plaintiffs’ injury by a sale of the property. Respondent Beck, as the owner of the tax claim, was a proper, if not a necessary, party defendant. It would seem, since the city in case of plaintiffs prevailing could not proceed to enforce the tax for…
2Cases cited13 opinions
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
- Kollock v. ScribnerWisconsin Supreme Court · 1897
- Dahlman v. City of MilwaukeeWisconsin Supreme Court · 1907
- McDougald v. New Richmond Roller Mills Co.Wisconsin Supreme Court · 1905
- Sanderson v. HermanWisconsin Supreme Court · 1901
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3Cited by2 opinions
- Liebhauser v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1923
- Harley v. HarleyWisconsin Supreme Court · 1909