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Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin (Volume 115)

Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin (Volume 115)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903. Excerpt: ... Montpelier a R & T. Co. v. School Dist No. 5,115 Wis. 622. v. Rew, 111 Fed. 1; Marion Co. v. Coler, 67 Fed. 60; National L. Lis. Co. v. Mead, 13 S. D. 37, 82 N. W. 78; Sioux City v. Weare, 59 Iowa, 95, 12 N. W. 786. Bonds issued to refund an indebtedness are valid, although the original indebtedness which is refunded thereby may be invalid. Brown v. Ingalls, 81 Fed. 485; Coloma v. Eaves, 92 U. S. 484; Jasper Co. v. Ballou, 103 U. S. 745; National L. Ins. Co. v. Huron, 62 Fed. 778; Keithsburg v. Frich, 34 111. 405; Huron v. Second Ward S. Bank, 86 Fed. 272. For the respondent there was a brief by Teall & Thomas, and oral argument by Be Alton S. Thomas. Winslow, J. Two objections are made to the validity of the bonds in question, based upon alleged failure to observe constitutional requirements, viz: (1) Tbat they exceeded five per cent, of the assessed valuation of all the taxable property of the district; and (2) that no tax was levied either before or at the time of the incurring of the debt sufficient to pay the principal and interest thereof. Sec. 3, art. XI, Const. It is sufficient to say, with regard to the first of these objections, that there was no sufficient proof showing that the constitutional limit of indebtedness had been exceeded in the present case. The burden of proof was of course on the defendant. In order to prove its contention, it must show (1) what taxable property, real and personal, was included in the district, and (2) for what amount that property was assessed. These two facts must be shown by records, because they are both matters of record. The real property in the district is primarily to be shown by the order of the town board creating the district, filed in the office of the town clerk (sec. 413, Stats. 1898), and this order...


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Product Details
  • ISBN-13: 9781154384871
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 234
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 115438487X
  • Publisher Date: 06 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 426 gr


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