Milwaukee Iron Co. v. Town of Hubbard
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. This action was commenced to restrain the collection of taxes assessed against certain lands owned by the plaintiffs as tenants •in common, and to have the taxation and assessment annulled and set aside on the ground of gross irregularities, illegalities, favoritism and fraud on the part of the town officers in assessing the same and in reviewing the assessment.
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APPEAL from the Circuit Court for Dodge County. This action was commenced to restrain the collection of taxes assessed against certain lands owned by the plaintiffs as tenants •in common, and to have the taxation and assessment annulled and set aside on the ground of gross irregularities, illegalities, favoritism and fraud on the part of the town officers in assessing the same and in reviewing the assessment. The complaint alleges the incorporation of each of the companies who join as plaintiffs in the action, and that each of them is, by the act of incorporation and by law, authorized to…
1Opinion of the CourtCole, J.
Tbe complaint was demurred to in this case on tbe following grounds:
1st. That tbe court has no jurisdiction of tbe subject matter of tbe action.
2d. That tbe plaintiffs have not legal capacity to sue.
3d. That there is a defect of parties defendant in this,' to wit; *54That the county of Dodge and the county treasurer of said county are necessary, parties defendant to the action.
4th. That the complaint does not state facts sufficient to constitute a cause of action.
The second ground of demurrer is clearly untenable, as a reference to the following authorities shows: The Central Bank of Wisconsin…
2Cases cited9 opinions
- Susquehanna Bank v. . Supervisors of Broome CountyNew York Court of Appeals · 1862
- The Phoenix Bank v. . DonnellNew York Court of Appeals · 1869
- Palmer v. Township of NapoleonMichigan Supreme Court · 1867
- Drake v. PhillipsIllinois Supreme Court · 1866
- Peters v. MyersWisconsin Supreme Court · 1868
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- County of Los Angeles v. BallerinoCalifornia Supreme Court · 1893
- Crawford v. Polk CountySupreme Court of Iowa · 1900
- DeMille v. County of Los AngelesCalifornia Court of Appeal · 1938
- Pacific Postal Telegraph Cable Co. v. DaltonCalifornia Supreme Court · 1898
- A. H. Stange Co. v. City of MerrillWisconsin Supreme Court · 1908
8 more not listed; retrieve them via the Exa API.