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[DOWNLOAD] "Bornemann and Wife v. City New Berlin" by Supreme Court of Wisconsin " eBook PDF Kindle ePub Free

Bornemann and Wife v. City New Berlin

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eBook details

  • Title: Bornemann and Wife v. City New Berlin
  • Author : Supreme Court of Wisconsin
  • Release Date : January 02, 1965
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 82 KB

Description

Action by plaintiffs Paul E. Bornemann and wife against defendant city to recover $1,540 and interest on the ground that this
sum had been allegedly overassessed as a special assessment against plaintiffs' property. Plaintiffs previously had paid the
city $4,180.50 to cover a special assessment against their property for installation of sewers and three laterals. The complaint
alleged that, if this assessment had been made in conformity with the city's established rules for assessing property fronting
on three streets, the proper assessment would have been $2,640.50. The summons and complaint were served upon the city on April 20, 1964. On May 5th the city attorney served a notice of retainer
on plaintiff Paul E. Bornemann (hereinafter "Bornemann"), who acted as his own attorney as well as attorney for Mrs. Bornemann.
On May 6th a subpoena was served on Bornemann for the taking of his adverse examination before a court commissioner on May
13th. Plaintiffs then procured an order from the circuit court requiring the city to show cause why the noticed adverse examination
should not be suppressed and plaintiffs granted default judgment because of the failure of the city to serve an answer to
the complaint within the twenty-day period following service of the summons and complaint. This order to show cause temporarily
restrained the holding of the adverse examination. On May 20th the city served on Bornemann an order to show cause why an
order should not be entered vacating the order restraining the adverse examination and directing that the adverse examination
be held and setting a date for it. The city attorney also moved for an extension of time in which to answer and alleged, as
a reason for his failure to serve an answer within the allotted twenty days, his determination that it was necessary to hold
an adverse examination of Bornemann in order to plead to the complaint. By order entered May 26th the circuit court denied
plaintiffs' application for default judgment; granted the city an extension of time until June 15th in which to answer the
complaint; and directed that the adverse examination of Bornemann proceed on June 2d.


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