Newcomb v. Horton
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for La Crosse County. This appeal was from an order overruling a demurrer to tbe complaint.
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APPEAL from tbe Circuit Court for La Crosse County. This appeal was from an order overruling a demurrer to tbe complaint. The substance of tbe complaint, and tbe grounds of demurrer, are stated in tbe opinion of this court. to tbe point that tbe plaintiff could only sue for himself, cited Adams’ Eq., 819, 820; Bou-ton v. City of Brooklyn, 15 Barb., 375. ... 2. To tbe point that there was a misjoinder of defendants, they cited Fellows v. Fellows, 4 Cow., 702. 3. Counsel contended that tbe school district was bound by tbe judgments which tbe director suffered to be entered against it (Ang. & A.…
1Opinion of the Court
By the Court,
Cole, J.
This action is brought by the respondent Newcomb, in behalf of himself and others, tax payers of school district No. two, in the town of Jackson, La Crosse county, to restrain the county treasurer from proceeding to advertise and sell a large quantity of real estate situated in the school district and belonging to them, for the’ purpose of collecting a delinquent tax assessed upon the property of the district to pay certain judgments mentioned in the complaint, and to have the judgments declared void. The owners of these judgments are joined in the suit with the county…
2Cases cited1 opinion
- Brinkerhoff v. BrownNew York Court of Chancery · 1822
3Cited by17 opinions
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- Winfield Town Co. v. MarisSupreme Court of Kansas · 1873
- Bittinger v. BellIndiana Supreme Court · 1879
- Barnes v. City of BeloitWisconsin Supreme Court · 1865
- Hudson v. Commiss'rs of Atchison CountySupreme Court of Kansas · 1873
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