State ex rel. Pabst Brewing Co. v. Kotecki
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: W. J. TueNee, Circuit Judge. This is an appeal from an order overruling tbe defendant’s motion to quash an alternative writ of mandamus directing tbe city comptroller to countersign tbe city’s order in plaintiff’s favor for $8,739.32 as required by a resolution of tbe common council of tbe city.
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Appeal from an order of tbe circuit court for Milwaukee county: W. J. TueNee, Circuit Judge. This is an appeal from an order overruling tbe defendant’s motion to quash an alternative writ of mandamus directing tbe city comptroller to countersign tbe city’s order in plaintiff’s favor for $8,739.32 as required by a resolution of tbe common council of tbe city. Tbe relation states tbe following facts: In June, 1913, tbe plaintiff furnished to tbe proper assessor a statement of its taxable property in tbe Second ward of tbe city. Tbis statement contained an item of $300,000 for machinery, brewing…
1Opinion of the CourtSiebecKER, J.
See. 1164, Stats., makes provision for tbe filing of a claim against a city by a taxpayer wbo is aggrieved by tbe levy and collection of any unlawful tax assessed against him. It also authorizes tbe common council, if tbe tax for which claim is made is unlawful and tbe conditions prescribed by law for tbe recovery of illegal taxes have been complied with, to allow such claim, and provides that tbe treasurer shall pay the amount of tbe claim allowed as excessive and illegal. Tbe allegations of fact in tbe relation show that tbe common council took tbe usual and required steps for allowance of…
2Cases cited5 opinions
- Pacific Coast Co. v. WellsCalifornia Supreme Court · 1901
- Gould v. SullivanWisconsin Supreme Court · 1893
- Harrison v. City of MilwaukeeWisconsin Supreme Court · 1880
- Gould v. KillenWisconsin Supreme Court · 1913
- Dolman v. PittMissouri Court of Appeals · 1904
3Cited by7 opinions
- Consumers Power Co. v. County of MuskegonMichigan Supreme Court · 1956
- G. Heileman Brewing Co. v. City of La CrosseCourt of Appeals of Wisconsin · 1981
- Butcher v. Ameritech Corp.Court of Appeals of Wisconsin · 2006
- Saunders Properties v. Municipality of AnchorageAlaska Supreme Court · 1993
- State ex rel. Pabst Brewing Co. v. KoteckiWisconsin Supreme Court · 1916
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