Gleason v. Waukesha County
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waukesha county: James J. Dice, Circuit Judge. Action to avoid special taxes levied on property of plaintiffs for the expenses of making gas and water connections with water and gas mains and laying pipes from such connections to the curb line of the street in front of such property in the city of Waukesha, Wisconsin, such taxes having been levied pursuant to an attempt by the municipal authorities of such city to comply with…
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Appeal from a judgment of the circuit court for Waukesha county: James J. Dice, Circuit Judge. Action to avoid special taxes levied on property of plaintiffs for the expenses of making gas and water connections with water and gas mains and laying pipes from such connections to the curb line of the street in front of such property in the city of Waukesha, Wisconsin, such taxes having been levied pursuant to an attempt by the municipal authorities of such city to comply with sec. 925 — 223, Stats. 1898, which provides that, “Whenever the council shall order the paving or repaving of any street…
1Opinion of the CourtMaRshall, J.
The tax complained of seems to have been held invalid by the trial court because the common council of the city of Waukesha failed to pass a resolution requiring the construction of gas and water connections at the cost of the property fronting on the street. We are unable to sustain the finding of fact that no such resolution was passed. True, the evidence does not show that the council acted on the subject in literal compliance with the statutory call for a resolution, so far as relates to mere matters of form, but it is the substance of things that governs when application is made to a…
2Cases cited5 opinions
- Norwood v. BakerSupreme Court of the United States · 1898
- Hennessy v. Douglas CountyWisconsin Supreme Court · 1898
- Allen v. DrewSupreme Court of Vermont · 1872
- Wells v. Western Paving & Supply Co.Wisconsin Supreme Court · 1897
- Hunt v. StinsonWisconsin Supreme Court · 1899
3Cited by18 opinions
- City of Minneapolis v. WurteleSupreme Court of Minnesota · 1980
- State ex rel. City of New Richmond v. DavidsonWisconsin Supreme Court · 1902
- Hatch v. Consumers Co.Idaho Supreme Court · 1909
- Mayor of Hyattsville v. SmithCourt of Appeals of Maryland · 1907
- Irish v. HahnCalifornia Supreme Court · 1929
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