Legal Opinion

Soens v. City of Racine

Wisconsin Supreme Court

Decided January 4, 1860PublishedCited by 14 opinions

APPEAL PROM CIRCUIT COURT, RACINE COUNTY. This action was commenced by Peter Soens and others, against the city of Racine, to obtain a perpetual injunction restraining the city of Racine from collecting a special tax levied upon the lands of the respondents to pay a part of the expense of building certain piers, breakwaters, and protections, for the purpose of securing the lake shore in the second ward of the city from the encroachment of the waters of Lake Michigan.

Read the full summary

APPEAL PROM CIRCUIT COURT, RACINE COUNTY. This action was commenced by Peter Soens and others, against the city of Racine, to obtain a perpetual injunction restraining the city of Racine from collecting a special tax levied upon the lands of the respondents to pay a part of the expense of building certain piers, breakwaters, and protections, for the purpose of securing the lake shore in the second ward of the city from the encroachment of the waters of Lake Michigan. The case was heard at the December special term of the court, 1857, upon bill and answer, and the following facts are admitted…

1Opinion of the Court

By the Court,

Dixon, C. J.

The point principally relied upon in argument by the respondent’s counsel to sustain the *275judgment of the circuit court, namely, that the assessments complained of violate the first section of the seventh article of the constitution, has been already disposed of by the decision in the cases of Lumsden vs. The City of Milwaukee, 8 Wis., 485; and Weeks vs. The City of Milwaukee et al., made at the present term of this court, supra, 242. The remaining points will be disposed of in the order in which they are made by the respondent’s counsel.

1. It is said that the report…

2Cases cited1 opinion

  1. Lumsden v. City of MilwaukeeWisconsin Supreme Court · 1859

3Cited by14 opinions

  1. Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
  2. Briggs v. City of RaleighSupreme Court of North Carolina · 1928
  3. State ex rel. City of New Richmond v. DavidsonWisconsin Supreme Court · 1902
  4. Johnson v. City of MilwaukeeWisconsin Supreme Court · 1876
  5. Bryant v. RobbinsWisconsin Supreme Court · 1887

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API