Massing v. Ames
Wisconsin Supreme Court
APPEAL from tRe Circuit Court for Dane County. Action brought by the plaintiff, Christine Massing, against the county treasurer of Dane county and the City of Madison, to restrain said treasurer from selling about 300 lots of the plaintiff for the general tax assessed upon them for the year 1871, and for five special taxes assessed on a portion of them ; and to restrain defendants from enforcing the collection of the taxes ; to set aside the assessment and levy thereof, as…
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APPEAL from tRe Circuit Court for Dane County. Action brought by the plaintiff, Christine Massing, against the county treasurer of Dane county and the City of Madison, to restrain said treasurer from selling about 300 lots of the plaintiff for the general tax assessed upon them for the year 1871, and for five special taxes assessed on a portion of them ; and to restrain defendants from enforcing the collection of the taxes ; to set aside the assessment and levy thereof, as illegal and void, and for other relief. The facts, as alleged in the pleadings, and as found by the court below, are…
1Opinion of the CourtCole, J.
The only questions involved in this case are those *650relating to the validity of the sewer tax and the general tax for the year 1871. As a condition to granting the relief asked in respect to the other taxes or special assessments, the court below required the plaintiff to pay these taxes. It is insisted by the counsel for the plaintiff that the sewer and general tax were likewise void, and that their collection should have been restrained by injunction. So far as the sewer tax is concerned, we think this position is correct and must be sustained.
That special tax was imposed to defray the…
2Cases cited2 opinions
- Hamilton v. City of Fond Du LacWisconsin Supreme Court · 1870
- State ex rel. Roe v. WillistonWisconsin Supreme Court · 1865
3Cited by12 opinions
- Hennessy v. Douglas CountyWisconsin Supreme Court · 1898
- Keese v. City of DenverSupreme Court of Colorado · 1887
- Little Rock v. KatzensteinSupreme Court of Arkansas · 1889
- Ladd v. SpencerOregon Supreme Court · 1892
- City of Moundsville v. YostWest Virginia Supreme Court · 1914
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