Smith v. Vandyke
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action to enforce the lien of a street commissioner’s certificates upon certain lots in the city of Milwaukee, by a foreclosure of the defendants’ equity of redemption, and a sale of the lots. Judgment for the plaintiff; from which the defendants appealed. The facts upon which the decision of this court is based are sufficiently stated in the opinion.
1Opinion of the Court
By the Court,
Paine, J.
This action was brought under the provisions of section 3, chapter 338, Local Laws of 1856, to foreclose the lien created by a street commissioner’s certificate. Many questions were discussed upon the argument, which we shall not attempt to determine, as we have come to the conclusion that the complaint shows on its face that the plaintiff is not entitled to the relief sought here, for the reason that it appears that the amount of this certificate was specially assessed as a tax against the lot, and the lot sold at a tax sale therefor, and bid off by the city of…
2Cited by5 opinions
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- State ex rel. City Construction Co. v. KoteckiWisconsin Supreme Court · 1914
- Durbin v. PlattoWisconsin Supreme Court · 1879
- Dickinson v. TiddCourt of Appeals for the Tenth Circuit · 1943