Legal Opinion

Hart v. Smith

Wisconsin Supreme Court

Decided January 15, 1878PublishedCited by 24 opinions

APPEAL from the Circuit Court for Oconto County. Tbe following statement of tbe complaint is taken from tbe opinion of Mr. Justice Taylok as originally prepared: “ Tliis is an action brought by tbe plaintifij tbe owner of certain real estate in tbe city of Oconto, to set aside certain tax certificates, issued by tbe county of Oconto upon tbe sale thereof for unpaid taxes.

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APPEAL from the Circuit Court for Oconto County. Tbe following statement of tbe complaint is taken from tbe opinion of Mr. Justice Taylok as originally prepared: “ Tliis is an action brought by tbe plaintifij tbe owner of certain real estate in tbe city of Oconto, to set aside certain tax certificates, issued by tbe county of Oconto upon tbe sale thereof for unpaid taxes. “ Tlie complaint does not charge that there was any illegality in the assessment of the real estate upon which the taxes were levied, nor in the apportionment of the taxes; but sets forth certain irregularities in the…

1Opinion of the CourtTaylob, J.

It is not claimed that the allegations in the complaint bring this case within the case of Marsh et al. v. The Supervisors of Clark Co., 42 Wis., 502. There is- no allegation that the assessment was unfair or unequal; nor is there any allegation of an omission to do any act which the law requires to be done, and which omission would tend to impair the general equality and uniformity of the assessment; nor is there any allegation showing that “ the groundwork of a valid tax is wanting.” In fact, the allegations in this com*218plaint admit that there was a valid assessment, and a valid tax equally…

2Cases cited12 opinions

  1. Marsh v. Board of SupervisorsWisconsin Supreme Court · 1877
  2. Pier v. City of Fond du LacWisconsin Supreme Court · 1875
  3. Mills v. GleasonWisconsin Supreme Court · 1860
  4. Warden v. Board of SupervisorsWisconsin Supreme Court · 1861
  5. Palmer v. Township of NapoleonMichigan Supreme Court · 1867

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

3Cited by24 opinions

  1. Allen v. AllenWisconsin Supreme Court · 1902
  2. Town of Wilson v. City of SheboyganWisconsin Supreme Court · 1939
  3. In Re McDonaldCalifornia Supreme Court · 1921
  4. Stanwood v. CarsonCalifornia Supreme Court · 1915
  5. Douglas v. City of FargoNorth Dakota Supreme Court · 1904

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

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