Legal Opinion

Tainter v. Lucas

Wisconsin Supreme Court

Decided January 15, 1872PublishedCited by 14 opinions

APPEAL from tbe Circuit Court for Dunn County. This action was brought against tbe county treasurer of tbe county of Dunn, tbe board of supervisors of that county, and tbe town of Menomonie, to restrain tbe sale of tbe plaintiff’s lands for taxes assessed tbereon in tbe town of Menomonie for tbe year 1870, and to have tbe assessment and proceedings to collect declared void and set aside, on tbe ground of fraudulent discrimination against tbe plaintiff, and over valuation of…

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APPEAL from tbe Circuit Court for Dunn County. This action was brought against tbe county treasurer of tbe county of Dunn, tbe board of supervisors of that county, and tbe town of Menomonie, to restrain tbe sale of tbe plaintiff’s lands for taxes assessed tbereon in tbe town of Menomonie for tbe year 1870, and to have tbe assessment and proceedings to collect declared void and set aside, on tbe ground of fraudulent discrimination against tbe plaintiff, and over valuation of bis property by tbe assessor and tbe majority of tbe board of review. Upon tbe complaint, setting forth this cause of…

1Opinion of the CourtLyon, J.

This is an appeal from an order made by tbe circuit court, denying a motion of tbe defendants to vacate or modify a preliminary injunction restraining tbe defendant, tbe bounty treasurer, from selling tbe lands of tbe plaintiff, which bad been returned to such treasurer for tbe non-payment of certain taxes assessed thereon. The injunction was allowed upon an ex parte application, made when tbe action was commenced. Tbe motion was beard upon tbe complaint and answer, both of which were duly verified.

Tbe complaint alleges that tbe plaintiff is tbe owner of tbe lands therein described,…

2Cases cited3 opinions

  1. Smith v. City of AppletonWisconsin Supreme Court · 1865
  2. Phillips v. City of Stevens' PointWisconsin Supreme Court · 1870
  3. Dinehart v. Town of La FayetteWisconsin Supreme Court · 1865

3Cited by14 opinions

  1. Johnson v. HollandCourt of Appeals of Texas · 1897
  2. Cawsey v. BrickeyWashington Supreme Court · 1914
  3. Kegonsa Joint Sanitary District v. City of StoughtonWisconsin Supreme Court · 1979
  4. State ex rel. International Business Machines Corp. v. Board of ReviewWisconsin Supreme Court · 1939
  5. Hixon v. Oneida CountyWisconsin Supreme Court · 1892

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