Johnston v. City of Oshkosh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The plaintiff brought this action to recover $995.84, being the amount of a tax on personal property assessed against him by the defendant city in the year 1883, and paid by him under protest. lie claims that the tax is invalid because (1) on May 1,1883, he was not a resident of that city, but was then a resident of the city of Topeka, in the state of Kansas; and (2) various errors, irregularities, and omissions, specified…
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APPEAL from the Circuit Court for Winnebago County. The plaintiff brought this action to recover $995.84, being the amount of a tax on personal property assessed against him by the defendant city in the year 1883, and paid by him under protest. lie claims that the tax is invalid because (1) on May 1,1883, he was not a resident of that city, but was then a resident of the city of Topeka, in the state of Kansas; and (2) various errors, irregularities, and omissions, specified in the complaint, intervened in the assessment and levy of the tax, which render it invalid. But 'One of these, to wit,…
1Opinion of the CourtLrorr, J.
1. The finding that the plaintiff was a resident of the defendant city on April 10, 1883, and had been a resident thereof for several years, is unchallenged. But it is claimed that the finding that the plaintiff had not acquired *475a residence in Topeka on May 1,1883, is directly against all the evidence on that subject. The plaintiff testified as follows: “I reside in Topeka, Nansas. I took up my residence in Topeka, Kansas, permanently about the 10th or 11th of April, 1883. I took up my residence in Topeka, Kansas, on the 10th or 11th of April, 1883, with intent of going there to live,— doing…
2Cases cited8 opinions
- Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
- Hersey v. Board of SupervisorsWisconsin Supreme Court · 1862
- Kellogg v. Supervisors of Winnebago CountyWisconsin Supreme Court · 1877
- Ruggles v. City of Fond du LacWisconsin Supreme Court · 1881
- Monroe v. City of Fort HowardWisconsin Supreme Court · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- City of Tampa v. KaunitzSupreme Court of Florida · 1897
- Shuttuck v. SmithNorth Dakota Supreme Court · 1896
- Auditor General v. Sage Land & Improvement Co.Michigan Supreme Court · 1901
- Voelz v. VoelzWisconsin Supreme Court · 1894
- Lamoreux v. Bayfield CountyWisconsin Supreme Court · 1909
1 more not listed; retrieve them via the Exa API.