Legal Opinion

A. H. Stange Co. v. City of Merrill

Wisconsin Supreme Court

Decided February 18, 1908PublishedCited by 10 opinions

Appeal from orders of tbe superior court of Lincoln county: AlmoN A. Helms, Judge. Action in equity to cancel alleged illegal taxes levied upon plaintiff’s property, and to restrain tbe collection thereof.

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Appeal from orders of tbe superior court of Lincoln county: AlmoN A. Helms, Judge. Action in equity to cancel alleged illegal taxes levied upon plaintiff’s property, and to restrain tbe collection thereof. The complaint is substantially as follows: The assessor for the defendant city in 1906 assessed the real property in said city, other than that owned by plaintiff, at approximately seventy per cent, of the full value which ordinarily could be obtained therefor at private sale, and, except as to logs, timber, lumber, and other manufacturer’s stock of the plaintiff, and like property owned by…

1Opinion of the CourtMaRshall, J.

Several questions are argued in the briefs of counsel which need not be discussed at any great length.

The case, viewed from the plain import of the complaint and conceded principles of law, comes down to a very narrow compass.

It is conceded the allegations of the complaint show that plaintiff’s property was illegally and inequitably assessed, and consequently the taxes complained of are likewise illegal and inequitable.

It is further conceded that equity will not interfere to prevent the collection of an illegal personal property tax, but will leave the party aggrieved to the remedy afforded…

2Cases cited12 opinions

  1. Judd v. Town of Fox LakeWisconsin Supreme Court · 1871
  2. Valley Iron Works Manufacturing Co. v. GoodrickWisconsin Supreme Court · 1899
  3. Hamilton v. City of Fond Du LacWisconsin Supreme Court · 1870
  4. Ruggles v. City of Fond du LacWisconsin Supreme Court · 1881
  5. Parcher v. Marathon CountyWisconsin Supreme Court · 1881

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

3Cited by10 opinions

  1. Metropolitan Associates v. City of MilwaukeeWisconsin Supreme Court · 2011
  2. Schlitz Realty Corp. v. City of MilwaukeeWisconsin Supreme Court · 1933
  3. Associated Hospital Service, Inc. v. City of MilwaukeeWisconsin Supreme Court · 1962
  4. Eline's, Inc. v. Town of MilwaukeeWisconsin Supreme Court · 1944
  5. State ex rel. Hand Knit Hosiery Co. v. AtwoodWisconsin Supreme Court · 1928

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

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