Bradley v. City of Eau Claire
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Claire County. The case is thus stated by Mr. Justice Tayloe: ' “ This action is brought to recover of the city of Eau Claire money paid to it by the plaintiffs in discharge of an alleged illegal tax levied and assessed against them.
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APPEAL from the Circuit Court for Eau Claire County. The case is thus stated by Mr. Justice Tayloe: ' “ This action is brought to recover of the city of Eau Claire money paid to it by the plaintiffs in discharge of an alleged illegal tax levied and assessed against them. There is no dispute about the sufficiency of the allegations of the plaintiffs’ complaint showing the illegality of the tax which was collected of the plaintiffs, nor of their right to have the money so paid by them refunded by the city, if the allegations of the complaint are true. The defendant demurred to the complaint,…
1Opinion of the CourtTaylor, J.
It is said by the learned counsel for the appellant that the demurrer should have been sustained, because the charter of the city of Hem Clavre provides that “ no action shall be maintained by any person against the city of Eau Claire, upon any claim or demand, until such person shall first have presented his claim or demand to the common council for allowance, and allowance thereof refused by the council; ” and that “ the determination of the council, disallowing in whole or in part any claim of any person, shall be final and conclusive, and a perpetual bar to any action in any court founded…
2Cases cited5 opinions
- Sheel v. City of AppletonWisconsin Supreme Court · 1880
- Kelley v. City of MadisonWisconsin Supreme Court · 1878
- Stringham v. Board of SupervisorsWisconsin Supreme Court · 1869
- Kellogg v. Supervisors of Winnebago CountyWisconsin Supreme Court · 1877
- Ruggles v. City of Fond du LacWisconsin Supreme Court · 1881
3Cited by17 opinions
- Sutton v. City of SnohomishWashington Supreme Court · 1895
- Houston v. StateWisconsin Supreme Court · 1898
- O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
- Jung v. City of Stevens PointWisconsin Supreme Court · 1889
- Mason v. City of AshlandWisconsin Supreme Court · 1898
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