State ex rel. Town of Princeton v. Maik
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Green Lahe county: Geo. W. BueNell, Circuit Judge. This is an appeal from a judgment dismissing upon the merits the relator’s application made December 20, 1898, for a peremptory writ of mandamus to compel the village of Princeton and its officials to place the amount remaining unpaid of the judgment against the village in favor of the town entered March 30, 1895, upon the tax roll of the village, and to extend such amount,…
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Appeal from a judgment of the circuit court for Green Lahe county: Geo. W. BueNell, Circuit Judge. This is an appeal from a judgment dismissing upon the merits the relator’s application made December 20, 1898, for a peremptory writ of mandamus to compel the village of Princeton and its officials to place the amount remaining unpaid of the judgment against the village in favor of the town entered March 30, 1895, upon the tax roll of the village, and to extend such amount, with interest, upon the taxable property of the village, and to collect the same for the benefit of the relator. It appears…
1Opinion of the CourtCassoday, C. J.
We all agree "with the relator and the trial court that the decision of the attorney, mentioned in the twelfth finding of fact,, and the first "conclusion of law, was a mere legal opinion, and in no sense an award of an arbitrator.
The facts are undisputed. The exceptions to certain findings of the court are based upon the assumption that the trial court was wrong in holding that the balance due on the judgment in question was property owned by the town and the village jointly. The principal controversy is as to the construction to be placed upon the statute which declares:
“Whenever any…
2Cases cited9 opinions
- Town of Milwaukee v. City of MilwaukeeWisconsin Supreme Court · 1860
- Smith v. SherryWisconsin Supreme Court · 1880
- Town of Depere v. Town of BellevueWisconsin Supreme Court · 1872
- Board of School Directors v. Board of School DirectorsWisconsin Supreme Court · 1892
- Forest County v. Langlade CountyWisconsin Supreme Court · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Davis v. StateWisconsin Supreme Court · 1908
- Bank of Verona v. StewartWisconsin Supreme Court · 1937
- State ex rel. School District No. 1 v. SchrinerWisconsin Supreme Court · 1912