Marsh v. Board of Supervisors
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. Action to restrain the issue of tax deeds, and to set aside the sale of the lands described in the complaint for the taxes assessed-thereon in 1871, and to set aside'and cancel the certificates of such sale, because of -certain alleged irregularities in the assessment and other proceedings preliminary to such sale.
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APPEAL from the Circuit Court for Waupaca County. Action to restrain the issue of tax deeds, and to set aside the sale of the lands described in the complaint for the taxes assessed-thereon in 1871, and to set aside'and cancel the certificates of such sale, because of -certain alleged irregularities in the assessment and other proceedings preliminary to such sale. The only portion of the complaint necessary to be set out at length is the first paragraph, which is as follows: “ The above named plaintiffs complain of the above named defendants, and allege and show to this court that Samuel…
1Opinion of the CourtLyon, J.
Unlike the case of Magee v. The Board of Supervisors of Waupaca County, decided herewith {ante, p. 247), the complaint in this case attempts to make the administrators of the estate of Samuel Marsh, deceased, plaintiffs in their representative capacity. The only objection taken to the sufficiency of the complaint is, that it contains no averment that the administrators have filed an authenticated copy of their appointment in some county in this state. If such administrators are necessary or proper parties to the action, the objection seems to be well taken. Moir v. Dodson, 14 Wis., 279. But…
2Cases cited4 opinions
- Jones v. BillsteinWisconsin Supreme Court · 1871
- Saveland v. GreenWisconsin Supreme Court · 1875
- Willard v. ReasWisconsin Supreme Court · 1870
- Moir v. DodsonWisconsin Supreme Court · 1861
3Cited by16 opinions
- Nevil v. CliffordWisconsin Supreme Court · 1882
- Noon v. FinneganSupreme Court of Minnesota · 1882
- Schiffer v. City of Eau ClaireWisconsin Supreme Court · 1881
- Kruczinski v. NeuendorfWisconsin Supreme Court · 1898
- Arzbacher v. MayerWisconsin Supreme Court · 1881
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