Legal Opinion

Warner v. Knox

Wisconsin Supreme Court

Decided November 30, 1880PublishedCited by 14 opinions

APPEAL from the County Court of Milwaukee County. The case is thus stated by Mr. Justice Tatloe: “This action was brought to enjoin the issuing of tax deeds upon certain tax certificates issued upon the sale of the plaintiff’s lots in the city of Milwaukee, for the non-payment of certain assessments made upon said lots for paving the street upon which they are situated.

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APPEAL from the County Court of Milwaukee County. The case is thus stated by Mr. Justice Tatloe: “This action was brought to enjoin the issuing of tax deeds upon certain tax certificates issued upon the sale of the plaintiff’s lots in the city of Milwaukee, for the non-payment of certain assessments made upon said lots for paving the street upon which they are situated. The defendant Knox, as the holder of said certificates, was made a party to the action, and appeared, and demurred to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The…

1Opinion of the CourtTatloe, J.

The appellant insists that his demurrer was well taken, and that the complaint does not state any cause of action against him. The respondent insists that his complaint shows that the certificates were illegal and void for the follow*431ing reasons: First. Chapter 322, Laws of 1875, under which the proceedings were instituted and carried on for the improvement of the street on which said lots are situated, and for which improvement the assessment was made on said lots, is unconstitutional and' void. Second. If the act be not unconstitutional and void, the proceedings were void because the…

2Cases cited15 opinions

  1. Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
  2. Mills v. CharletonWisconsin Supreme Court · 1872
  3. Phillips v. Town of AlbanyWisconsin Supreme Court · 1871
  4. Johnson v. City of MilwaukeeWisconsin Supreme Court · 1876
  5. Blount v. City of JanesvilleWisconsin Supreme Court · 1872

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

3Cited by14 opinions

  1. Milwaukee County v. IsenringWisconsin Supreme Court · 1901
  2. Hennessy v. Douglas CountyWisconsin Supreme Court · 1898
  3. State ex rel. Milwaukee Street Railway Co. v. AndersonWisconsin Supreme Court · 1895
  4. Meggett v. City of Eau ClaireWisconsin Supreme Court · 1892
  5. Madison Metropolitan Sewerage District v. SteinWisconsin Supreme Court · 1970

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

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