Legal Opinion

Finney v. City of Oshkosh

Wisconsin Supreme Court

Decided January 15, 1864PublishedCited by 8 opinions

APPEAL from tbe Circuit Court for Winnebago County. Tbis action was brought to recover from tbe City of Oshkosh, the amount due on a street commissioners’ certificate for work done under contract with the city in filling a street in front of a certain lot.

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APPEAL from tbe Circuit Court for Winnebago County. Tbis action was brought to recover from tbe City of Oshkosh, the amount due on a street commissioners’ certificate for work done under contract with the city in filling a street in front of a certain lot. The complaint alleges, among other things, that the amount of the certificate had been assessed upon said lot, and the lot had been duly sold for the assessment and other city taxes, and had been bid off by the city ; that soon thereafter said street commissioners’ certificate had been duly presented to the common council of said city, and…

1Opinion of the Court

Br the Court,

Cole, J.

By the city charter the expense of grading and filling the street mentioned in the complaint was to-be assessed and charged upon the lots fronting the street upon which the improvement was made. Sec. 5, chap. 7, Charter. See Priv. Laws of 1856, p. 245. The charter provided that upon the performance of any contract for work chargeable to lots under its provisions, the street commissioners were to give the contractor a certificate under their hand, stating therein the amount of work done by him, the nature thereof, and the description of the lot upon which it was…

2Cases cited1 opinion

  1. Eilert v. City of OshkoshWisconsin Supreme Court · 1861

3Cited by8 opinions

  1. Cranberry Creek Drainage District v. La VigneWisconsin Supreme Court · 1930
  2. Sheboygan County v. City of SheboyganWisconsin Supreme Court · 1882
  3. Town of Iron River v. Bayfield CountyWisconsin Supreme Court · 1900
  4. Hoyt v. FassWisconsin Supreme Court · 1885
  5. Aylesworth v. Gratiot CountyU.S. Circuit Court for the District of Eastern Michigan · 1889

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