Legal Opinion

Attorney General v. Winnebago Lake & Fox River Plank Road Co.

Wisconsin Supreme Court

Decided March 6, 1860PublishedCited by 10 opinions

ALTERNATIVE WRIT OP MANDAMUS. The writ in this case was issued on the application of the Attorney General of the state, and set forth that for 2 years the respondent had entirely failed and neglected to make and return to the treasurer the statement of the gross earnings of the company’s road, as required by law; and had also refused to pay into the treasury of the state, a sum equal to 1 per cent of the gross earnings of said plank road.

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ALTERNATIVE WRIT OP MANDAMUS. The writ in this case was issued on the application of the Attorney General of the state, and set forth that for 2 years the respondent had entirely failed and neglected to make and return to the treasurer the statement of the gross earnings of the company’s road, as required by law; and had also refused to pay into the treasury of the state, a sum equal to 1 per cent of the gross earnings of said plank road. That the company had received $30,000 a year, on which it ought to pay one per cent. That demand had been made upon the president and treasurer of the…

1Opinion of the Court

By the Court,

Paine, J.

In the case of Knowlton vs. The Supervisors of Rock County, 9 Wis., 410, the majority of this court held, that an act providing for the taxation of property outside of the recorded plat, in the city of Janesville, at a less rate than that by which the property within the plat was taxed, was in violation of the provision of the constitution, that the rule of taxation shall be uniform. It has been supposed that that decision rendered questionable the validity of the statute now in force in respect to the taxation of rail and plank road companies; and this application has…

2Cases cited2 opinions

  1. Knowlton v. Board of SupervisorsWisconsin Supreme Court · 1859
  2. Pratt v. BrownWisconsin Supreme Court · 1854

3Cited by10 opinions

  1. Nunnemacher v. StateWisconsin Supreme Court · 1906
  2. Chicago & Northwestern Railway Co. v. StateWisconsin Supreme Court · 1906
  3. Wisconsin Central Railroad v. Taylor CountyWisconsin Supreme Court · 1881
  4. State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1906
  5. City of La Crosse v. La Crosse Gas & Electric Co.Wisconsin Supreme Court · 1911

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