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eBook details

• Title: Morgan v. Beloit
• Author : United States Supreme Court
• Release Date : January 01, 1868
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

After the date of this act, and between it and 1867 inclusive the interest on the bonds being unpaid for every year after 1854 Morgan brought several suits, in the Circuit Court for Wisconsin, against 'the town of Beloit,' for the interest due for the years respectively, and on the 25th of September, 1867, got judgment against the town for it. The judgments being unpaid, he now filed a bill in the court below against the town and city of Beloit. The bill set forth facts above stated, alleged that the 'amount of said judgments ought to be paid by said defendants in the proportions respectively as provided in the said acts;' that the taxable property of the city exceeded that of the town; and that though the city 'ought to pay the proportion provided in the acts,' yet that the complainant was remediless at law. It then showed, by tabular exhibit, the amount of the interest due on the bonds held by him, in each year respectively, from 1855 to 1867; then by like exhibit the proportion in value, which, taking the rates of assessment made in each year as a basis, the taxable property of what was now the town bore to what was now the city, in every year, from 1855 to 1867; then showed, by similar exhibit, that, taking these relative exhibits, the town would be liable on the coupons for each respective year for so much and the city for so much, the balance, namely; the whole making, with interest from the date of the judgments obtained (which the bill alleged 'ought to be paid by the said town and city respectively'), the sum of $60,443, as against the city, and $17,986, as against the town. After alleging that 'the city and town ought respectively to pay interest' on the respective total amounts, from the day when the judgments were obtained till the actual payment of them, and 'ought each to pay one-half the costs recovered in the judgments,' the bill concluded thus:

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