Cotzhausen v. Dick
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: LawreNce "W. Halsey, Circuit Judge. Action to enjoin sale of lands by county treasurer for delinquent drainage assessment, and also to require the appellant, Dick, town clerk, to expunge all records of the drainage-proceedings and to perpetually enjoin him and his successors in office from placing on any future tax roll any assessment or tax growing out of said proceedings.
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Appeal from a judgment of the circuit court for Milwaukee county: LawreNce "W. Halsey, Circuit Judge. Action to enjoin sale of lands by county treasurer for delinquent drainage assessment, and also to require the appellant, Dick, town clerk, to expunge all records of the drainage-proceedings and to perpetually enjoin him and his successors in office from placing on any future tax roll any assessment or tax growing out of said proceedings. The county treasurer, impleaded with the appellant, defaulted. The appellant answered. Plaintiff moved for judgment upon the pleadings, whereupon judgment…
1Opinion of the Court
The following opinion was filed February 16, 1909:
Dodge, J.
Without discussing many other obstacles to-the entry of the judgment in this action upon the pleadings, it seems obvious that it must be reversed and the action against the county clerk dismissed by reason of laches and want of equity in the plaintiff. He instigated the drainage proceeding by signing the original petition. He was chargeable with constructive notice of the decision of certain commissioners-on appeal directing that tire drain be laid and requiring supervisors to proceed. This notice results from the statute-requiring…
2Cases cited4 opinions
- New York City v. PineSupreme Court of the United States · 1902
- State ex rel. Schintgen v. Mayor of La CrosseWisconsin Supreme Court · 1898
- Beaser v. Barber Asphalt Paving Co.Wisconsin Supreme Court · 1904
- Lawton v. City of RacineWisconsin Supreme Court · 1909
3Cited by2 opinions
- Guenther v. RutkowskiWisconsin Supreme Court · 1922
- Cotzhausen v. GoetzWisconsin Supreme Court · 1910