Chicago & Northwestern Railway Co. v. Town of Langlade
Wisconsin Supreme Court
APPEAL from the Circuit Court for Shmocmo County. Plaintiff appealed from an order of the court sustaining a general demurrer to the complaint.
1Opinion of the Court
OolR, O. J.
The complaint was demurred to on the ground that it did not state facts sufficient to constitute a cause of action. On the argument two points are relied on in support of this general objection: (1) that there is no allegation that a statement of the claim had been filed with the town clerk to be laid before the town board of audit as required by section 824, R. S.; and (2) that the complaint fails to show that the taxes in question were paid under either protest or duress. We think the first point must be held good under the decisions of this court, in Susenguth v. Town of…
2Cases cited7 opinions
- Stringham v. Board of SupervisorsWisconsin Supreme Court · 1869
- Benware v. Town of Pine ValleyWisconsin Supreme Court · 1881
- Kellogg v. Supervisors of Winnebago CountyWisconsin Supreme Court · 1877
- Parcher v. Marathon CountyWisconsin Supreme Court · 1881
- Susenguth v. Town of RantoulWisconsin Supreme Court · 1880
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3Cited by3 opinions
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Watson v. City of AppletonWisconsin Supreme Court · 1885
- Hiner v. City of Fond du LacWisconsin Supreme Court · 1888