Legal Opinion

Foster v. Rowe

Wisconsin Supreme Court

Decided June 20, 1907PublishedCited by 13 opinions

Appeal from a judgment of tbe circuit court for Chippewa county: A. J. YiNje, Circuit Judge. This action is brought by the plaintiff as a taxpayer of the village of Fairchild, Eau Claire county, on behalf of himself and all other taxpayers similarly situated, to restrain the village authorities from spreading on the village tax roll the tax in question, which had been authorized by the commissioners of equalization under secs. 1077a, 1077b, Stats.

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Appeal from a judgment of tbe circuit court for Chippewa county: A. J. YiNje, Circuit Judge. This action is brought by the plaintiff as a taxpayer of the village of Fairchild, Eau Claire county, on behalf of himself and all other taxpayers similarly situated, to restrain the village authorities from spreading on the village tax roll the tax in question, which had been authorized by the commissioners of equalization under secs. 1077a, 1077b, Stats. (1898)'. The village authorities defaulted in the ease, and the defendant Rows, a taxpayer of the city of Eau Claire, was allowed to defend. He…

1Opinion of the Court

The following opinion was filed April 30, 1907:

Seebeckee, J.

The former opinion sustaining the demurrer passed specifically on the question of the constitutionality of the law authorizing the appointment of commissioners and prescribing their duties and power to review county assessments made by the county boards. It is stated in the opinion “that the proceedings of the board, if conducted in good faith and within its jurisdiction, are final and conclusive, and the question to be considered is whether the allegations of the complaint show such a disregard of duty as to render its acts contrary…

2Cases cited15 opinions

  1. Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
  2. Pietsch v. MilbrathWisconsin Supreme Court · 1905
  3. Warden v. Board of SupervisorsWisconsin Supreme Court · 1861
  4. Judd v. Town of Fox LakeWisconsin Supreme Court · 1871
  5. Bunker v. City of HudsonWisconsin Supreme Court · 1904

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

3Cited by13 opinions

  1. Schlosser v. Allis-Chalmers Corp.Wisconsin Supreme Court · 1974
  2. State ex rel. City of Sheboygan v. County Board of SupervisorsWisconsin Supreme Court · 1928
  3. Langer v. Stegerwald Lumber Co.Wisconsin Supreme Court · 1952
  4. Schlitz Realty Corp. v. City of MilwaukeeWisconsin Supreme Court · 1933
  5. Carstens v. City of Fond du LacWisconsin Supreme Court · 1909

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

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