Wallace v. City of Menasha
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action to recover damages for the alleged unlawful conversion by the defendant city of certain personal property of the plaintiff. The facts, as they appear from the pleadings, evidence and findings of the judge, are briefly as follows: The annual tax list of the city of Menasha for 1875 was duly made.
Read the full summary
APPEAL from the Circuit Court for Winnebago County. Action to recover damages for the alleged unlawful conversion by the defendant city of certain personal property of the plaintiff. The facts, as they appear from the pleadings, evidence and findings of the judge, are briefly as follows: The annual tax list of the city of Menasha for 1875 was duly made. The proper warrant to the treasurer to collect the taxes assessed therein, signed by the mayor and clerk, and sealed with the city seal, was appended thereto, and the same was delivered to the city treasurer. Such tax list included state,…
1Opinion of the CourtLyoN, J.
Doubtless it has very frequently happened that municipal officers charged by law with the duty of collecting the public revenue have, for nonpayment of taxes, seized property belonging to persons not liable to pay such taxes. Many cases of tort, brought against such officers by the owners of property so seized, to recover damages therefor, are probably reported in the books; but we have been referred to no case, and upon most diligent search have been unable to find one, in which an action of tort for such unlawful seizure has been sustained or even commenced against a municipal corporation.
Th…
2Cases cited4 opinions
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Hurley v. Town of TexasWisconsin Supreme Court · 1866
- Squiers v. Village of NeenahWisconsin Supreme Court · 1869
- Hamilton v. City of Fond du LacWisconsin Supreme Court · 1876
3Cited by15 opinions
- Folk v. City of MilwaukeeWisconsin Supreme Court · 1900
- Apfelbacher v. StateWisconsin Supreme Court · 1915
- State v. City of MilwaukeeWisconsin Supreme Court · 1911
- Schultz v. City of MilwaukeeWisconsin Supreme Court · 1880
- Evans v. City of SheboyganWisconsin Supreme Court · 1913
10 more not listed; retrieve them via the Exa API.