Allen v. City of Milwaukee
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: WakeeN D. TaRRANt, Circuit Judge. Appeal from an order dissolving a temporary injunction.
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Appeal from an order of tbe circuit court for Milwaukee county: WakeeN D. TaRRANt, Circuit Judge. Appeal from an order dissolving a temporary injunction. Plaintiff, a taxpayer and owner of real estate fronting on Jackson street in Milwaukee, brought action against tbe city, tbe members of the board of public works, and tbe contractor to enjoin the payment of any money by the city or tbe issue of any special assessment certificates or improvement bonds for grading and paving part of Jackson street under a contract with The Central Bitulithic Paving Company. It appeared that the board of public…
1Opinion of the Court
The following opinion was filed March 20, 1906:
Dodge, J.
In Dean v. Charlton, 23 Wis. 590, this court decided that under charters which give power to the city to impose, by special assessment, upon abutting lots the cost of a street improvement only upon competitive bids, cities, have no power to adopt a patented pavement so controlled by a monopoly that there can be no- competition, in the fair' and reasonable meaning of the word. For nearly forty years the legislature has approved this construction of such grants of. power by re-enacting them in substantially the same form and in some…
2Cases cited16 opinions
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- Boyd v. City of MilwaukeeWisconsin Supreme Court · 1896
- Dean v. CharltonWisconsin Supreme Court · 1869
- Ricketson v. City of MilwaukeeWisconsin Supreme Court · 1900
- State ex rel. Schintgen v. Mayor of La CrosseWisconsin Supreme Court · 1898
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Mayor of Baltimore v. FlackCourt of Appeals of Maryland · 1906
- National Fertilizer Co. v. Fall River Five Cents Savings BankMassachusetts Supreme Judicial Court · 1907
- State Ex Rel. City of Stamford v. Board of Purchase & SuppliesSupreme Court of Connecticut · 1930
- Bechthold v. City of WauwatosaWisconsin Supreme Court · 1938
- Litchfield v. City of BridgeportSupreme Court of Connecticut · 1925
18 more not listed; retrieve them via the Exa API.