Legal Opinion

Burkhardt Milling & Electric Power Co. v. City of Hudson

Wisconsin Supreme Court

Decided February 22, 1916PublishedCited by 3 opinions

Appeal from a judgment of tbe circuit court for St. Croix county: George ThoMpsoN, Circuit Judge. This action was brought in tbe county court of St. Croix county, appealed to tbe circuit court for St. Croix county, and tried de novo there.

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Appeal from a judgment of tbe circuit court for St. Croix county: George ThoMpsoN, Circuit Judge. This action was brought in tbe county court of St. Croix county, appealed to tbe circuit court for St. Croix county, and tried de novo there. Tbe amended complaint set up tbe ownership of tbe electric light and power plant situated in four districts, viz. city of Hudson, village of North Hudson, town of Hudson, and town of St. Joseph; that tbe assessors of tbe four districts met and assessed tbe total value of tbe property at $75,000 and apportioned tbe property among tbe four districts. The…

1Opinion of the CourtKekwiN, J.

1. It is contended by-appellant that the action cannot be maintained because it does not appear that the plaintiff paid more taxes than it was equitably bound to pay. Even if it be conceded that it is established that the plaintiff paid more taxes in the defendant district than the just portion of the whole tax due to defendant, it does not appear that it paid more than it otherwise would have paid. If the rate of taxation were the same in the defendant city as in the other three districts, the plaintiff cannot complain, because the improper distribution of the whole valuation between the…

2Cases cited6 opinions

  1. Hemenway v. BeecherWisconsin Supreme Court · 1909
  2. Kresge v. Maryland Casualty Co.Wisconsin Supreme Court · 1913
  3. Swanby v. Northern State BankWisconsin Supreme Court · 1912
  4. Town of Washburn v. LeeWisconsin Supreme Court · 1906
  5. Schmuhl v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1914

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Waldum v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1919
  2. Burkhardt Milling & Electric Power Co. v. City of HudsonWisconsin Supreme Court · 1917
  3. Peters v. KanzenbachWisconsin Supreme Court · 1922

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