Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin, Volume 52 |
From inside the book
Results 1-5 of 62
Page 65
... March 16 , 1855 , the defendants demurred , principally upon the grounds that there was no equity in the bill ; that the act of April 1 , 1854 , was unconstitutional ; and that the taxes so levied under the general law were properly and ...
... March 16 , 1855 , the defendants demurred , principally upon the grounds that there was no equity in the bill ; that the act of April 1 , 1854 , was unconstitutional ; and that the taxes so levied under the general law were properly and ...
Page 74
... March 15 , 1862. The case had been argued by eminent counsel . Justice PAINE , among other things , said , we have been " strongly urged by counsel . . . . to review our decision overruling the former decision of this court , and ...
... March 15 , 1862. The case had been argued by eminent counsel . Justice PAINE , among other things , said , we have been " strongly urged by counsel . . . . to review our decision overruling the former decision of this court , and ...
Page 98
... March 26 - April 19 , 1881 . CHARTER OF MILWAUKEE . ( 1 ) Assessment of benefits , when void . ( 2 ) Equitable remedy . ( 3 ) Joinder of defendants . 1. The decisions in Johnson v . Milwaukee , 40 Wis . , 315 , and Watkins v . Zwietusch ...
... March 26 - April 19 , 1881 . CHARTER OF MILWAUKEE . ( 1 ) Assessment of benefits , when void . ( 2 ) Equitable remedy . ( 3 ) Joinder of defendants . 1. The decisions in Johnson v . Milwaukee , 40 Wis . , 315 , and Watkins v . Zwietusch ...
Page 102
... overruled . By the Court . The order of the circuit court is reversed , and the cause remanded for further proceedings according to law . Clark vs. Bergenthal . CLARK VS. BERGENTHAL . March 26 102 SUPREME COURT OF WISCONSIN ,
... overruled . By the Court . The order of the circuit court is reversed , and the cause remanded for further proceedings according to law . Clark vs. Bergenthal . CLARK VS. BERGENTHAL . March 26 102 SUPREME COURT OF WISCONSIN ,
Page 103
... March 26 - April 19 , 1881 . SUPPLEMENTARY PROCEEDINGS commenced before commissioner : Power of circuit court over them . If the supplementary proceeding against a judgment debtor after execution returned unsatisfied , which is provided ...
... March 26 - April 19 , 1881 . SUPPLEMENTARY PROCEEDINGS commenced before commissioner : Power of circuit court over them . If the supplementary proceeding against a judgment debtor after execution returned unsatisfied , which is provided ...
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Common terms and phrases
action affidavit Albion Academy alleged amount answer appeal assignment attorney authority bonds canal CASSODAY cause certificate circuit court claim complaint constitution construction contract conveyance corporation court of equity creditors Dane county debt debtor defendant district Doty evidence execution exemption fact filed Fond du Lac fraud garnishee granted Heathcock held injunction issue John Bertschy judge judgment jury justice land learned counsel legislature Leonard Bertschy liability lien liniment loan lots Marathon County McCartney Menasha ment Milwaukee & Northern Monroe county mortgage Needham Noyes officer oral argument paid parties payment person plaintiff plaintiff in error proceedings proof provisions purchase purpose question railroad company Railway recover respondent rule settlement Smith statute stumps sufficient tax deed taxation Taylor County testimony therein thereof timber tion town trustees verdict void Wisconsin Central Railroad
Popular passages
Page 144 - ... that the defendant is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation* of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.
Page 51 - That the power to tax involves the power to destroy ; that the power to destroy may defeat and render useless the power to create ; that there is a plain repugnance in conferring on one government a power to control the constitutional measures of another, which other, with respect to those very measures, is declared to be supreme over that which exerts the control, are propositions not to be denied.
Page 52 - The State shall never contract any debt for works of Internal Improvement, or be a party in carrying on such works, but whenever grants of land or other property shall have been made to the State, especially dedicated by the grant to particular works of Internal Improvement, the State may carry on such particular works, and shall devote thereto the avails of such grants, and may pledge or appropriate the revenues derived from such works in aid of their completion.
Page 61 - All property shall be taxed according to its value, that value to be ascertained in such manner as the Legislature shall direct, so that taxes shall be equal and uniform throughout the State.
Page 216 - The officer having them under his charge, shall not suffer any communication to be made to them, or make any himself, except to ask them if they have agreed upon...
Page 118 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 87 - All taxes shall be uniform upon the same class of subjects within the territorial limits, of the authority levying the tax, and shall be levied and collected under general laws...
Page 151 - ... in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there Is literally no evidence, but whether there Is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Page 540 - Indian lands," passed May 12, 1836; 4. To lay out its road not exceeding six rods in width, and to construct the same; and for the purpose of cuttings and embankments, to take as much more land as may be necessary for the proper construction and security of the road; and to cut down any standing trees that may be in danger of falling on the road, making compensation therefor as provided in this act for lands taken for the use of the company ; 5.
Page 78 - The legislature shall provide for a uniform and equal rate of assessment and taxation...