Legal Opinion

State ex rel. Roe v. Williston

Wisconsin Supreme Court

Decided June 15, 1865PublishedCited by 10 opinions

APPLICATION for a Mandamus. In 1853 a tract of land, 141-2 rods wide and 64 rods deep, in the city of Janesville, was sold and conveyed to J. M. Smith, and an adjoining tract of the same depth, and eight rods wide, was sold and conveyed to Mrs. Julia S. B. Smith, wife of said J. M. Smith; and the whole was thereafter known as “Smith’s ten acres,” and was described as ten acres in the assessment roll.

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APPLICATION for a Mandamus. In 1853 a tract of land, 141-2 rods wide and 64 rods deep, in the city of Janesville, was sold and conveyed to J. M. Smith, and an adjoining tract of the same depth, and eight rods wide, was sold and conveyed to Mrs. Julia S. B. Smith, wife of said J. M. Smith; and the whole was thereafter known as “Smith’s ten acres,” and was described as ten acres in the assessment roll. In March, 1860, the tract first mentioned was sold for $19.36, and conveyed to Charles S. Roe. In 1861, the assessors of said city went upon the tract belonging to Mrs. Smith, and were informed…

1Opinion of the Court

The following opinion was filed at the June term, 1865.

Downer, J.

The writ of mandamus must be denied. The charter of the city of Janesville provides, in substance (see sec. 15, ch. 8, and sec. 3, ch. 7), that the assessors shall be governed by the provisions of law relating to assessors in towns in making out the assessment rolls, so far as they are not inconsistent with the charter. The assessor in towns was at the time of the assessment in question, and still is, required to set opposite to each tract of land in the assessment roll the name of the owner, *230if known-, if not known, tbe word…

2Cases cited2 opinions

  1. People v. Mayor of New-YorkNew York Supreme Court · 1833
  2. Merritt v. ThompsonIllinois Supreme Court · 1852

3Cited by10 opinions

  1. Orton v. NoonanWisconsin Supreme Court · 1870
  2. Hamilton v. City of Fond Du LacWisconsin Supreme Court · 1870
  3. Wells v. Western Paving & Supply Co.Wisconsin Supreme Court · 1897
  4. Milwaukee Iron Co. v. Town of HubbardWisconsin Supreme Court · 1871
  5. Massing v. AmesWisconsin Supreme Court · 1875

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