Abbot v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: WabeeN D. TaeeaNt, Circuit Judge. Action to enjoin enforcement of a special assessment tax against plaintiff’s property in the city of Milwaukee. Tbe complaint was to tbe effect that tbe imposition upon tbe property was void for various reasons.
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Appeal from a judgment of tbe circuit court for Milwaukee county: WabeeN D. TaeeaNt, Circuit Judge. Action to enjoin enforcement of a special assessment tax against plaintiff’s property in the city of Milwaukee. Tbe complaint was to tbe effect that tbe imposition upon tbe property was void for various reasons. Issue was joined by answers and tbe cause tried resulting in findings of fact sustaining various assigned jurisdictional defects in tbe special assessment proceedings and ordering judgment declaring tbe tax void and permanently enjoining proceedings to collect it. Defendant city…
1Opinion of the CourtMarshall, J.
The question for decision is this: Does sec. 1210e, Stats. (Supp. 1906: Laws of 1905, ch. 294), apply to sidewalk improvements in the city of Milwaukee? It is conceded that if it does the judgment is wrong,- — that the court should have ordered a reassessment, staying all further proceedings until such order had been complied with, and rendered judgment for plaintiff or defendant according to circumstances, as indicated in such section.
Sec. 1210e aforesaid provides for a method of dealing with any special assessment against property for any of the purposes mentioned in sec. 1210á, Stats.…
2Cases cited3 opinions
- Peck v. School District No. 4Wisconsin Supreme Court · 1867
- Cleveland v. BurnhamWisconsin Supreme Court · 1884
- Oshkosh City Railway Co. v. Winnebago CountyWisconsin Supreme Court · 1895
3Cited by3 opinions
- Town of Argos v. HarleyIndiana Court of Appeals · 1943
- Cash Crops Co-Operative v. Minnesota Valley Canning Co.Wisconsin Supreme Court · 1950
- State ex rel. Milwaukee Electric Railway & Light Co. v. BramanWisconsin Supreme Court · 1920