Legal Opinion

Fass v. Seehawer

Wisconsin Supreme Court

Decided May 15, 1884PublishedCited by 10 opinions

APPEAL from the Circuit Court for Milwaukee County. This action was brought to foreclose a tax certificate issued to the city of Milwaukee on a sale of a certain, lot therein specified, for nonpayment of a special assessment thereon for a street improvement. The city duly assigned such certificate to the plaintiffs, who are the owners and holders thereof. The complaint is in the usual and proper form.

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APPEAL from the Circuit Court for Milwaukee County. This action was brought to foreclose a tax certificate issued to the city of Milwaukee on a sale of a certain, lot therein specified, for nonpayment of a special assessment thereon for a street improvement. The city duly assigned such certificate to the plaintiffs, who are the owners and holders thereof. The complaint is in the usual and proper form. The answer of defendants Seehawer and wife contains several counterclaims alleging various errors and irregularities in the proceedings of the city authorities in ordering and making the…

1Opinion of the CourtLyon, J.

The circuit court gave judgment for the defendants, on the sole ground that no sufficient and reasonable time to perform the work ordered by the common *532council was given to owners of lots fronting on the improvement, as required by the statute on that subject. P. & L. Laws of 1869, ch. 401, sec. 25. The statute (sec. 24) provides that an assessment of benefits shall be made by the board of public works. Sec. 25 provides that “thereupon said board shall give notice for six days, in the official city papers, to the owner or agent of any lot or parcel of land fronting upon any such improvement…

2Cases cited4 opinions

  1. State ex rel. Flint v. Common Council of Fond du LacWisconsin Supreme Court · 1877
  2. Seifert v. BrooksWisconsin Supreme Court · 1874
  3. Hood v. FinchWisconsin Supreme Court · 1859
  4. Johnston v. City of OshkoshWisconsin Supreme Court · 1866

3Cited by10 opinions

  1. Sims v. HinesIndiana Supreme Court · 1890
  2. Meggett v. City of Eau ClaireWisconsin Supreme Court · 1892
  3. Ransom v. City of BurlingtonSupreme Court of Iowa · 1900
  4. Horbach v. City of OmahaNebraska Supreme Court · 1898
  5. Cunneen v. KalscheuerWisconsin Supreme Court · 1926

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