State ex rel. Portage County Drainage District v. Newby
Wisconsin Supreme Court
. Appeal from an order of the circuit court for Portage county: Byron B. Park, Circuit Judge. This is an action of mandamus brought by the trustees of a drainage district to compel the county treasurer of Portage county to turn over .to the drainage district board the penalties upon delinquent drainage assessments which have been retained by the county treasurers of Portage county during the years 1910 to 1917, inclusive.
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. Appeal from an order of the circuit court for Portage county: Byron B. Park, Circuit Judge. This is an action of mandamus brought by the trustees of a drainage district to compel the county treasurer of Portage county to turn over .to the drainage district board the penalties upon delinquent drainage assessments which have been retained by the county treasurers of Portage county during the years 1910 to 1917, inclusive. The action was originally brought against one Hebard, who was county treasurer from 1910 to 1914, as well as against the present treasurer, Newby, and the county was also…
1Opinion of the CourtWinslow, C. J.
The basic question presented in the case is whether the penalties which are added by law to drainage assessments when they are allowed to remain unpaid and go to tax sale belong to the county or to the drainage district. The trial judge held that they belonged -to the drainage district, and we think his conclusion correct.
The statutory provisions governing the formation and management of drainage districts are of considerable length and it would hardly be useful to attempt to set them forth in detail; they will be found in the Statutes, beginning with sec. 1379 — 11 and running to and…
2Cases cited5 opinions
- State v. City of MilwaukeeWisconsin Supreme Court · 1911
- State ex rel. Donnelly v. HobeWisconsin Supreme Court · 1900
- State ex rel. Green Bay & Minnesota Railroad v. JenningsWisconsin Supreme Court · 1880
- State ex rel. Bautz v. HarperWisconsin Supreme Court · 1917
- State ex rel. Bank of Commerce v. BellWisconsin Supreme Court · 1901
3Cited by6 opinions
- Law Enforcement Standards Board v. Village of Lyndon StationWisconsin Supreme Court · 1981
- Village of Westby v. BekkedalWisconsin Supreme Court · 1920
- Steele v. Locke Cotton Mills Co.Supreme Court of North Carolina · 1950
- Riverton Valley Drainage Dist. v. Board of County Com'rs.Wyoming Supreme Court · 1937
- Munkwitz Realty & Investment Co. v. Diederich Schaefer Co.Wisconsin Supreme Court · 1939
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