Ellinwood v. City of Reedsburg
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauk county: E. G. Siebecker, Circuit Judge. The plaintiffs brought this action to restrain the defendant city of Beedsburg from executing a contract for the construction of a waterworks and electric lighting plant, and from issuing bonds or incurring indebtedness to pay for such construction, upon the ground that the common council had varied the plan for such works adopted by the vote of the electors of the city, and that…
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Appeal from a judgment of the circuit court for Sauk county: E. G. Siebecker, Circuit Judge. The plaintiffs brought this action to restrain the defendant city of Beedsburg from executing a contract for the construction of a waterworks and electric lighting plant, and from issuing bonds or incurring indebtedness to pay for such construction, upon the ground that the common council had varied the plan for such works adopted by the vote of the electors of the city, and that such city has no power under its charter to borrow money and issue bonds or incur indebtedness for the purposes…
1Opinion of the CourtMarshall, J.
There are only three questions necessary to be considered in the disposition of the appeal:
1. Did the city of Beedsbttrg, under its charier, ¡oossess power to build a system of waterworks and an electric lighting plant ?
It is not necessary to seek for an express delegation of power to the city to build a waterworks and electric lighting plant in order to determine whether such power exists, *134for the general power in respect to police regulations, the preservation of .the public health, and the general welfare includes the power to use the usual means of carrying out such power, which includes…
2Cases cited7 opinions
- Baumgartner v. HastyIndiana Supreme Court · 1885
- Rushville Gas Co. v. City of RushvilleIndiana Supreme Court · 1889
- City of Crawfordsville v. BradenIndiana Supreme Court · 1891
- Lawson v. SchnellenWisconsin Supreme Court · 1873
- Carter v. City of DurangoSupreme Court of Colorado · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Mehlos v. City of MilwaukeeWisconsin Supreme Court · 1914
- Stern v. City of FargoNorth Dakota Supreme Court · 1909
- Overall v. City of MadisonvilleCourt of Appeals of Kentucky · 1907
- Village of Wonewoc v. TaubertWisconsin Supreme Court · 1930
- Oconto City Water Supply Co. v. City of OcontoWisconsin Supreme Court · 1899
13 more not listed; retrieve them via the Exa API.