Hixon v. Oneida County
Wisconsin Supreme Court
APPEALS from the Circuit Court for Brown County. This action was commenced to cancel, set aside, and restrain the collection of certain taxes on about 221 tracts or more of land of the plaintiffs in the town of Eagle Eiver in Oneida county, for the year 1889, upon various-grounds set forth in the complaint, which were put in issue by the answer of the defendants.
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APPEALS from the Circuit Court for Brown County. This action was commenced to cancel, set aside, and restrain the collection of certain taxes on about 221 tracts or more of land of the plaintiffs in the town of Eagle Eiver in Oneida county, for the year 1889, upon various-grounds set forth in the complaint, which were put in issue by the answer of the defendants. The finding of the court as 'to facts proved is quite lengthy and elaborate, the material parts of which are, in substance, as follows: (4) The assessor of the town of Eagle Eiver, in 'describing the real property on the assessment…
1Opinion of the CourtPiNNey, J.
There are cross appeals in this cause, each party having appealed from the entire judgment. The defendants insist that the plaintiffs cannot maintain their appeal, for the reason that they waived the right to appeal by complying with the terms of the finding of the court to the effect that they were entitled to relief only upon paying into court the sum of $3,906.56, the balance of the taxes complained of, after deducting the items found by the court to be illegal, namely, the items for the towns of Ackley and Merrill, amounting on plaintiffs’ lands to $434.54, and by taking the benefit of…
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