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23 Wis. 364

McLean v. Cook

Wisconsin Supreme Court

Decided June 15, 1868

Wisconsin Supreme Court · decided 1868-06-15

<p>APPEAL from the Circuit Court for Calumet County.</p> <p>The plaintiff appealed from a judgment for the defendant. The case will sufficiently appear from the opinion.</p>

Relies on Sprague v. Birchard

Good law ✅— No negative treatment on recordhow we know

Decided 1868-06-15

How this case has been cited

Cited by 3 later decisions — most recently March 1932

3 state decisions

1018681870188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Cole, J".

¶1We do not know upon what ground the plaintiff expects to reverse this judgment. It appears that his personal property was seized and sold by the defendant, as town treasurer, for the payment of a tax assessed against a lot which the plaintiff had occupied for twelve or fifteen years, and had paid the taxes thereon. We infer from something in the bill of exceptions, that the plaintiff resisted the payment of the tax because he did not own the land, or that the title was in the *365Eox and Wisconsin Railroad Company. Our statute provides tbat land owned by one person and occupied by another may be assessed in the name of the owner or occupant. Section 6, cbap. 18, R. S.

¶2Besides, tbe officer was undoubtedly protected by bis tax warrant, being fair and regular on its face. Sprague v. Birchard, 1 Wis. 457; 2 Phill. Ev. (3d vol. ed. Cowen, Hill & Edwards’ notes), p. 136, and note 293, pp. 152, 153. We do not understand that any objection was taken to the process, that it was not fair and legal on its face; and it was, therefore, a justification to the defendant.

¶3By the Oourt. — The judgment of the circuit court is affirmed.

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