Chicago & North-Western Railway Co. v. Borough of Ft. Howard
Wisconsin Supreme Court
APPEAL Rom the Circuit Court for Brown County. Action to restrain the collection of a tax. The complaint, alleges in substance that defendant is, and on the 6th of July, 1865, was, the owner in fee of about eighty-three acres within the limits of the Borough of Ft.
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APPEAL Rom the Circuit Court for Brown County. Action to restrain the collection of a tax. The complaint, alleges in substance that defendant is, and on the 6th of July, 1865, was, the owner in fee of about eighty-three acres within the limits of the Borough of Ft. Howard; that the whole of said premises were on that day, by ch. 173, laws of 1860, exempt from taxation; that nevertheless on that day the premises, excepting certain specified parts thereof, were assessed for taxation at a gross aggregate valuation by the assessor of said borough ; that the portion so assessed consisted of three…
1Opinion of the CourtCole, J.
As we understand the allegations of the complaint in this case, the suit is instituted to restrain the officers of the Borough oj Ft. Howard from levying upon and selling the personal property of the railroad company for the purpose of collecting a tax. The complaint, after setting forth various matters which we do not deem it necessary now to refer to, contains this material allegation: “That, as the plaintiff is informed “ and believes, the council of said borough have ordered the “said treasxu’er, the defendant Schwartz, to proceed to thecol- “ lection of the whole tax aforesaid, so…
2Cases cited3 opinions
- Lockwood v. City of St. LouisSupreme Court of Missouri · 1856
- Van Cott v. Board of SupervisorsWisconsin Supreme Court · 1864
- Spencer v. WheatonSupreme Court of Iowa · 1862
3Cited by5 opinions
- Servonitz v. StateWisconsin Supreme Court · 1907
- Milwaukee Iron Co. v. Town of HubbardWisconsin Supreme Court · 1871
- Quinney v. Town of StockbridgeWisconsin Supreme Court · 1873
- Williamson v. New Jersey Southern RailroadSupreme Court of New Jersey · 1878
- Chicago & N. W. Ry. Co. v. RolfsonSouth Dakota Supreme Court · 1909