Legal Opinion

Marsh v. Supervisors of St. Croix County

Wisconsin Supreme Court

Decided August 15, 1877PublishedCited by 6 opinions

APPEAL from'the Circuit Court for St. Croix County. Secs. 26, 27 and 30, ch. 22, Laws of 1859, contain the - following provisions relating to the sale of lands for taxes: “ See. 26. If the county treasurer shall discover before the sale as aforesaid, that, on account, of irregular assessments, or for any other error, any of' said lands ought not to he sold, he shall not offer the same for sale; and if, after any certificate shall have been granted upon the sale of the same,…

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APPEAL from'the Circuit Court for St. Croix County. Secs. 26, 27 and 30, ch. 22, Laws of 1859, contain the - following provisions relating to the sale of lands for taxes: “ See. 26. If the county treasurer shall discover before the sale as aforesaid, that, on account, of irregular assessments, or for any other error, any of' said lands ought not to he sold, he shall not offer the same for sale; and if, after any certificate shall have been granted upon the sale of the same, as aforesaid, the clerk of the board of supervisors shall discover that for any error or irregularity the lauds so sold…

1Opinion of the CourtCole, J.

These are cross appeals from the same judgment. The action is to recover money paid on void tax certificates. The plaintiffs are dissatisfied with the judgment because the amount recovered was less than they claimed; the county is dissatisfied because there was any recovery. The objections to any recovery will first be considered.

The first error assigned is, that the circuit court erred in holding that the county board, or that court on appeal, had jurisdiction of the action. It is said the right to present a claim to the county board for allowance, and to appeal from its decision, is purely…

2Cases cited3 opinions

  1. Baker v. Supervisors of Columbia CountyWisconsin Supreme Court · 1876
  2. Denniston v. Unknown OwnersWisconsin Supreme Court · 1872
  3. Grubb v. Town of MenomoneeWisconsin Supreme Court · 1867

3Cited by6 opinions

  1. Rice v. Ashland CountyWisconsin Supreme Court · 1900
  2. Powell v. Board of SupervisorsWisconsin Supreme Court · 1879
  3. County Commissioners v. FlanaganColorado Court of Appeals · 1912
  4. Quarnberg v. City of ChamberlainSouth Dakota Supreme Court · 1912
  5. Hanrahan v. City of JanesvilleWisconsin Supreme Court · 1908

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