Allen v. City of Greenwood
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Clark county: Jam:es O’Neill, Circuit Judge. This action was brought to recover taxes levied upon personal property alleged to have been illegally assessed against; the and collected under protest. The action was. commenced in justice’s court, and on appeal tried in the circuit court without a jury, where judgment was entered dismissing the plaintiff’s complaint, from which this appeal was-taken.
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Appeal from a judgment of tbe circuit court for Clark county: Jam:es O’Neill, Circuit Judge. This action was brought to recover taxes levied upon personal property alleged to have been illegally assessed against; the and collected under protest. The action was. commenced in justice’s court, and on appeal tried in the circuit court without a jury, where judgment was entered dismissing the plaintiff’s complaint, from which this appeal was-taken. The court below found as follows: That during all the times, mentioned in the complaint plaintiff was a resident of the village of Loyal, Clark county,…
1DissentBabnes, J.
I dissent from so much of the decision of the court as holds that the staves purchased by plaintiff from Ericke & Rossman were assessable to him. The price paid for these staves was $765.73. These parties, acting under their void Sunday contract, hauled their staves -to the railroad track, where they were piled, prior to May 1st, and the plaintiff acting thereon made some payments on the staves ffom time to time. There was no proof that these parties ever met or ever renewed the promises originally made. There could be no ratification of the void Sunday contract. The parties might make a new…
2Cases cited20 opinions
- Vogt v. SchienebeckWisconsin Supreme Court · 1904
- John O'Brien Lumber Co. v. WilkinsonWisconsin Supreme Court · 1903
- State ex rel. Vilas v. WhartonWisconsin Supreme Court · 1903
- Becker v. HolmWisconsin Supreme Court · 1894
- Kerkhof v. Atlas Paper Co.Wisconsin Supreme Court · 1887
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