Legal Opinion

Knox v. Roehl

Wisconsin Supreme Court

Decided April 8, 1913PublishedCited by 14 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Feitz, Circuit Judge. Action to foreclose tax certificates on defendants’ property issued for unpaid special assessments for sewer and water mains laid in Island avenue, a public street in Milwaukee.

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Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Feitz, Circuit Judge. Action to foreclose tax certificates on defendants’ property issued for unpaid special assessments for sewer and water mains laid in Island avenue, a public street in Milwaukee. The property in question is 132 feet wide, east and west, and 629.34 feet north and south; is bounded on the north by Miller avenue, extended; on tbe south by Concordia avenue; on the east by the Uermania subdivision, and on the west by a certain ten-foot strip, which the defendants claim is no part of Island avenue, but…

1Opinion of the CourtVinje, J.

It is conceded by the defendants that if the ten-foot strip in question was a part of the street at the time *243the sewer aucl water-main assessments were made and levied, then the taxes for which their property was sold are valid, and plaintiff is entitled to maintain the action. But they claim the facts show the city never acquired the strip for street purposes, and that there has never been either a statutory or common-law dedication of the same for such purposes. They further contend that no reference can be had to the condemnation proceedings of 1900 for the purpose of ascertaining the…

2Cases cited4 opinions

  1. Steele v. SullivanSupreme Court of Alabama · 1881
  2. Trester v. City of SheboyganWisconsin Supreme Court · 1894
  3. Town of Randall v. RovelstadWisconsin Supreme Court · 1900
  4. Schade v. City of AlbanyNew York Circuit Court, Albany County · 1891

3Cited by14 opinions

  1. State Ex Rel. La Follette v. ReuterWisconsin Supreme Court · 1967
  2. Galewski v. NoeWisconsin Supreme Court · 1954
  3. Easton v. KochSuperior Court of Pennsylvania · 1943
  4. Cohn v. Town of RandallCourt of Appeals of Wisconsin · 2001
  5. Koch v. Borough of Seaside HeightsNew Jersey Superior Court Appellate Division · 1956

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