109 Wis. 56 | Wis. | 1901
Notwithstanding the settlement of a bill of exceptions purporting to show what transpired at the hearing when the order quashing the writ was made, there still exists considerable uncertainty and confusion about the grounds on which the court'made that order. Apparently, however, the action was predicated on facts arising subsequent to the return; such as that the same assessment had in another action been declared void, and a reassessment been ordered, and that the assessment roll had, long before the hearing, passed out of the possession of the respondent, the town clerk, or perhaps because of the pendency of another action rendering unnecessary the certiorari proceeding. An inspection of the return, however, renders it unnecessary to disentangle the somewhat confused transactions which led the court, in the exercise of his' discretion, to order the writ quashed. That, of course, cannot prejudice the relator, if it appears by the return that judgment of affirmance should have been entered. State ex rel. Gray v. Common Council of
By the Court.— Judgment affirmed.