Legal Opinion

State ex rel. City of Augusta v. Losby

Wisconsin Supreme Court

Decided September 23, 1902PublishedCited by 39 opinions

Appeal from an order of the circuit court for Eau Claire-county: James O’Neill, Circuit Judge. Proceedings were duly bad, on petition of tbe mayor and common council of tbe city of Eau Glaire, pursuant to see. 1077®, Stats. 1898, for a revision of tbe county assessment of tbe property in tbe various taxing districts thereof for 1899, resulting in a decision by tbe commissioners, duly evidenced by their certificate filed with tbe county clerk according to law, reducing the…

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Appeal from an order of the circuit court for Eau Claire-county: James O’Neill, Circuit Judge. Proceedings were duly bad, on petition of tbe mayor and common council of tbe city of Eau Glaire, pursuant to see. 1077®, Stats. 1898, for a revision of tbe county assessment of tbe property in tbe various taxing districts thereof for 1899, resulting in a decision by tbe commissioners, duly evidenced by their certificate filed with tbe county clerk according to law, reducing the assessed value of tbe property of such city $1,177,403, and that of tbe city of Altoona $6,909, and’ increasing the…

1Opinion of the Court

The following opinion was filed April 22, 1902:

Maeshall, J.

The commissioners having concluded their labors, filed the result thereof with the county clerk, and gone out of office before the filing of the petition for the writ, obviously they had no control oyer the official record of their proceedings, and were not proper parties for the purpose of bringing the same before the court. If the writ had been directed to them alone, the court would have obtained no jurisdiction to consider any question touching their decision. It has been so often held by this court that a writ of certiorari must…

2Cases cited32 opinions

  1. State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
  2. Farmington River Water Power Co. v. County CommissionersMassachusetts Supreme Judicial Court · 1873
  3. Schwarz v. Superior CourtCalifornia Supreme Court · 1896
  4. State ex rel. Moreland v. WhitfordWisconsin Supreme Court · 1882
  5. State ex rel. Starkweather v. Common Council of the City of SuperiorWisconsin Supreme Court · 1895

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

3Cited by39 opinions

  1. Borgnis v. Falk Co.Wisconsin Supreme Court · 1911
  2. State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
  3. Ekern v. McGovernWisconsin Supreme Court · 1913
  4. State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
  5. International Harvester Co. v. Industrial CommissionWisconsin Supreme Court · 1914

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

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