115 Wis. 457 | Wis. | 1902
The trial court held that the several assessments for the years 1891, 1892, 1893, and 1894 were each illegal and void because the relator’s property was assessed in each of those years as real estate. It is said that the court reached such conclusion by reason of the former decisions of this court. Yellow River Imp. Co. v. Wood Co. 81 Wis. 554, 51 N. W. 1004; Fond du Lac Water Co. v. Fond du Lac, 82 Wis. 322, 329, 52 N. W. 439; State ex rel. Milwaukee St. R. Co. v. Anderson, 90 Wis. 550, 63 N. W. 746; State ex rel. Badger I. Co. v. Anderson, 97 Wis. 114, 72 N. W. 386; Pittsburg Testing Laboratory v. Milwauhee E. R. & L. Co. 110 Wis. 633, 643, 86 N. W. 592. In tire Fond du Lac Gase it was held that all property in this state was taxable, except such as was exempt by statute, and that, as none of the property of the water company therein mentioned was exempt, it was all taxable; and it was also held in that case; among other things, in effect, that an assessment of several lots on which were located the pumping works and station of the water company, merely by their numbers and the number of the block, was insufficient to. cover “the entire property of the company, including its mains, pipes, and hydrants throughout the city, and its rights, privileges, and franchises,” and hence that the board of review had no jurisdiction to make a valuation of such entire property against such lots. Such de-
“Sec. 1087a. Any property described in section 1037a shall be subject to reassessment for reasons stated, and in the manner provided in section 1087.” Sec. 13, ch. 351, Laws of 1899.
There are other sections of the statute providing for the reassessment of special assessments and general taxes. Secs. 1210a-1210A The statute1 also provided' for the assessment of real estate omitted “by mistake or inadvertence.” Sec. 1059. That section has been amended so as to apply to personal property. Oh. 50, Laws of 1899. But we are not aware of any statute authorizing the reassessment of a valid tax. Can it be fairly said that the assessment in the case at bar was void merely because the property was classified as real estate instead of personal property? As indicated, the as
By the Gowrt.- — -The judgment of the circuit court is reversed, and the cause is remanded with direction to reverse and set aside such reassessments, and for further proceedings according to law.