Welch v. Henry
| Decision Date | 15 January 1938 |
| Citation | 226 Wis. 595,277 N.W. 183 |
| Parties | WELCH v. HENRY et al. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from a judgment of the Circuit Court for Eau Claire County; James Wickham, Judge.
Affirmed.
This action was begun by Earle S. Welch, plaintiff, against Robert K. Henry and Solomon Levitan as Treasurer of the State of Wisconsin, defendants, to recover certain taxes paid by the plaintiff under protest. There was a demurrer to the complaint. The demurrer was sustained. The plaintiff did not amend, and judgment was entered on October 27, 1937, dismissing the plaintiff's complaint, from which judgment the plaintiff appeals.
Bundy, Beach & Holland, of Eau Claire, for appellant.
Orland S. Loomis, Atty. Gen., and A. G. Hawley, Asst. Atty. Gen., for respondents.
This case was before this court and reported in Welch v. Henry, 1937, 223 Wis. 319, 271 N.W. 68, to which reference is made for a statement of facts. On the former appeal and upon this appeal the plaintiff contends that the statute in question, Laws 1935, c. 15, § 6, offends section 1 of the Fourteenth Amendment to the Constitution of the United States. Upon the former appeal this court considered and rejected the plaintiff's contention that the act in question violated his rights under section 1 of the Fourteenth Amendment to the Constitution of the United States. We have reconsidered plaintiff's contention and find nothing in the act violative of the plaintiff's rights under said section 1 of the Fourteenth Amendment. Reference is made to the opinion in that case, and for the reasons there stated the judgment appealed from is affirmed.
Judgment affirmed.
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