Mills v. Gleason
Wisconsin Supreme Court
APPEAL FROM COUNTY COURT, DANE COUNTY This action was commenced by Simeon Mills to restrain the defendant, Gleason, the treasurer of the county of Dane, from selling the lands of the plaintiff lying in the city of Madison, for the taxes of the year 1857. The complaint averred that the plaintiff was the owner, &c.. of the lands on which the tax was levied; and that the defendant claimed there was due upon them #1,049,88, for the non-payment of which Gleason had advertised the…
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APPEAL FROM COUNTY COURT, DANE COUNTY This action was commenced by Simeon Mills to restrain the defendant, Gleason, the treasurer of the county of Dane, from selling the lands of the plaintiff lying in the city of Madison, for the taxes of the year 1857. The complaint averred that the plaintiff was the owner, &c.. of the lands on which the tax was levied; and that the defendant claimed there was due upon them #1,049,88, for the non-payment of which Gleason had advertised the same for sale. It also stated, that the taxes appeared fair upon the tax duplicate and return made to the county…
1Opinion of the Court
By the Court,
Paine, J.
In the case of Clark vs. The City of Janesville, the majority of the court held that the charter of that city was a public, and therefore a general law, with*490in the meaning of the constitutional provision, that no general law should be in force till published.
The charter of the city of Madison was not published until after the issue of the bonds, whose validity is questioned in this suit, and the case would, therefore, be governed by that decision, unless, as is claimed on the other side, the city, after it did acquire an existence as such, by the publication of the…
2Cases cited3 opinions
- Beers v. Phœnix Glass Co.New York Supreme Court · 1852
- Rock River Bank v. SherwoodWisconsin Supreme Court · 1860
- Bangs v. ScidmoreNew York Supreme Court · 1857
3Cited by41 opinions
- Union Gold Mining Co. v. Rocky Mountain National BankSupreme Court of Colorado · 1873
- Fifield v. Marinette CountyWisconsin Supreme Court · 1885
- Washington County v. WilliamsCourt of Appeals for the Eighth Circuit · 1901
- Robertson v. BreedloveTexas Supreme Court · 1884
- Cheney v. JonesSupreme Court of Florida · 1874
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