Wright v. Town of Merrimack
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Sauk County. Action to recover the amount of an alleged unlawful tax assessed against the plaintiff in 1878, and which, on the 25th of January, 1879, he paid, under protest, to prevent the sale of his personal property for the amount thereof. The cause was tried in the 'circuit court upon an agreed statement of facts.
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APPEAL from tbe Circuit Court for Sauk County. Action to recover the amount of an alleged unlawful tax assessed against the plaintiff in 1878, and which, on the 25th of January, 1879, he paid, under protest, to prevent the sale of his personal property for the amount thereof. The cause was tried in the 'circuit court upon an agreed statement of facts. In addition to the facts recited iu the opinion, this statement shows that the regular annual meeting of the defendant town occurred on Tuesday, April 1, 1879; that at that time the supervisors of the town knew that plaintiff had filed his claim…
1Opinion of the CourtCole, C. J.
The learned counsel for the town frankly admitted on the argument that the tax in controversy was unlawfully assessed against the plaintiff, but he insisted that no action to recover the same could be maintained, because section 824, R. S., had not been complied with. This was really the defense set up and relied on in the answer. Section 824 provides that “ no action upon any claim or cause of action for which a money j udgment only is demandable, shall be maintained against any town, unless a statement of such claim shall have been filed with the town clerk to be laid before the town board…
2Cases cited3 opinions
- Sheel v. City of AppletonWisconsin Supreme Court · 1880
- Kelley v. City of MadisonWisconsin Supreme Court · 1878
- Benton v. City of MilwaukeeWisconsin Supreme Court · 1880
3Cited by6 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. StateWisconsin Supreme Court · 1881
- Benware v. Town of Pine ValleyWisconsin Supreme Court · 1881
- Watson v. City of AppletonWisconsin Supreme Court · 1885
- Pier v. Oneida CountyWisconsin Supreme Court · 1896
- Chicago & Northwestern Railway Co. v. Town of LangladeWisconsin Supreme Court · 1882
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