Barnes v. City of Beloit
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bock County. The plaintiffs brought this action “in their individual capacity and as tax payers, as well in their own behalf as on behalf of all other corporators and tax payers ” of the city of Beloit in said county, who might be affected by the subject matter of the action, to restrain the sale of certain lots in said city by the treasurer thereof, for the amount of certain assessments alleged to have been illegally made against such lots,…
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APPEAL from the Circuit Court for Bock County. The plaintiffs brought this action “in their individual capacity and as tax payers, as well in their own behalf as on behalf of all other corporators and tax payers ” of the city of Beloit in said county, who might be affected by the subject matter of the action, to restrain the sale of certain lots in said city by the treasurer thereof, for the amount of certain assessments alleged to have been illegally made against such lots, and also to restrain the execution of deeds for the lots, and to have the assessment and tax declared void. The city…
1Opinion of the Court
By the Court,
Downeb, J.
The complaint does not state facts sufficient to authorize the plaintiffs to bring the suit on behalf of themselves as well as others. Newcomb v. Horton, et al., 18 Wis., 566. If the proceedings set out in the complaint are valid, then there is a lien on each lot separately to the amount of the benefits assessed against it for widening Tight street; if they are not legal, then there may be an apparent cloud to the amount so assessed on each lot. Each plaintiff is interested only in removing this cloud from his own lots, not from the lots belonging respectively to his co-*95…
2Cases cited1 opinion
- Newcomb v. HortonWisconsin Supreme Court · 1864
3Cited by33 opinions
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
- Miner v. NovotnyCourt of Appeals of Maryland · 1985
- Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
- Winfield Town Co. v. MarisSupreme Court of Kansas · 1873
- Bromund v. HoltWisconsin Supreme Court · 1964
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