Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin, Volumen81
Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold
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agreement alleged amount appeal apportionment Ashland County assembly districts assessment Attorney authority Bank brief CASSODAY cause of action circuit court cited claim common council complaint constitution contract conveyance corporation court of equity creditors Cunningham damages debtor debts deed defendant defendant's demurrer DIXON duty easement Eau Claire effect election equity error evidence ex rel execution facts fendant fraud fraudulent held highway judge judgment judicial Jump River jurisdiction jury justice land lease legislature liability lien logs ment Milwaukee Milwaukee & St Milwaukee County mortgage negligence notice oral argument parties payment person plaint plaintiff plaintiff in error proceedings purchase purpose question railroad reason replevin respondent rule S. T. Merrill statute testimony therein thereof tion town trial trust valid void vote ward lines Wisconsin Wisconsin Central writ
Página 445 - The senators shall be elected by single districts of convenient contiguous territory, at the same time and in the same manner as members of the assembly are required to be chosen; and no assembly district shall be divided in the formation of a senate district. The senate districts shall be numbered in the regular series, and the senators shall be chosen alternately from the odd and even numbered districts.
Página 200 - ... shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Página 502 - A ministerial duty, the performance of which may, in proper cases, be required of the head of a department, by judicial process, is one in respect to which nothing is left to discretion. It is a simple, definite duty, arising under conditions admitted or proved to exist, and imposed by law.
Página 332 - Of the different kinds of taxes which the state may impose, there is a vast number of which, from their nature, no notice can be given to the tax-payer, nor would notice be of any possible advantage to him, such as...
Página 509 - ... cannot inquire into the motives of the legislators in passing them, except as they may be disclosed on the face of the acts, or inferable from their operation, considered with reference to the condition of the country and existing legislation. The motives of the legislators, considered as the purposes they had in view, will always be presumed to be to accomplish that which follows as the natural and reasonable effect of their enactments.
Página 332 - ... or persons, or occupations. In such cases the legislature, in authorizing the tax, fixes its amount, and that is the end of the matter. If the tax be not paid, the property of the delinquent may be sold, and he be thus deprived of his property. Yet there can be no question, that the proceeding is due process of law, as there is no inquiry into the weight of evidence, or other element of a judicial nature, and nothing could be" changed by hearing the tux-payer. No right of his is, therefore, invaded.
Página 607 - It only confers a right to levy on the same to the exclusion of other adverse interests subsequent to the judgment; and when the levy is actually made on the same, the title of the creditor for this purpose relates back to the time of his judgment, so as to cut out intermediate incumbrances.
Página 502 - The Congress is the legislative department of the government; the President is the executive department. Neither can be restrained in its action by the judicial department; though the acts. of both, when performed, are, in proper cases, subject to its cognizance.
Página 393 - The power to hear and determine a cause is jurisdiction. It is coram judice whenever a case is presented which brings this power into action. If the petitioner states such a case in his petition that on a demurrer the court would render judgment in his favor, it is an undoubted case of jurisdiction.
Página 584 - ... if the hazard be increased by any means within the control or knowledge of the insured...