Ellis v. Barron County
Wisconsin Supreme Court
Appeal from orders of the circuit court for Barron county: A. J. Vinje, Circuit Judge. This is an appeal from three orders, made under the following circumstances, and which for convenience are numbered consecutively 1, 2, and 3. May 12, 1899, the plaintiff filed a claim against the defendant county to recover hack money paid for taxes. November 1G, 1899, such claim was wholly disallowed hy the county board.
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Appeal from orders of the circuit court for Barron county: A. J. Vinje, Circuit Judge. This is an appeal from three orders, made under the following circumstances, and which for convenience are numbered consecutively 1, 2, and 3. May 12, 1899, the plaintiff filed a claim against the defendant county to recover hack money paid for taxes. November 1G, 1899, such claim was wholly disallowed hy the county board. Eebruary 10, 1900, the plaintiff served notice of appeal from such disallowance, with an undertaking. In April, 1900, the defendant moved to dismiss such appeal on the ground that such…
1Opinion of the CourtCacsoday, C. J.
1. At the time of making the two orders (Nos. 1 and 2) of April 11, 1901, the court made two other similar orders in another case betAVeen these same parties, from which the plaintiff appealed to this court. Ellis v. Barron Co. 111 Wis. 576, 87 N. W. 552. That case was decided in this court October 15, 1901, and it was held, in effect, 'that the undertaking given by the plaintiff on the appeal from the county board was a substantial compliance Avith sec. 683, Stats. 1898, and hence that the circuit court had jurisdiction of the appeal; and accordingly reversed the order dismissing the appeal.…
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