Beaser v. Barber Asphalt Paving Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: John K. Paeish, Circuit Judge. Action by lot owner against the city and its officers and the Barber Asphalt Paving Company to declare void claims of the latter against plaintiff’s property under either special assessment certificates or special improvement bonds for paving, and to enjoin the city from issuing either certificates or bonds.
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Appeal from a judgment of the circuit court for Ashland county: John K. Paeish, Circuit Judge. Action by lot owner against the city and its officers and the Barber Asphalt Paving Company to declare void claims of the latter against plaintiff’s property under either special assessment certificates or special improvement bonds for paving, and to enjoin the city from issuing either certificates or bonds. The material facts found are that on June 30, 1902, the city entered into contract with the paving company to asphalt the main street of Ashland; such work to he mainly paid for by special…
1Opinion of the CourtDodge, J.
The judicial policy of this state has now become thoroughly settled that courts of equity will not lend their aid to shield from payment or from the burden of certificates of special assessments for public improvements when the municipality or other governmental representative had .general power to cause such improvements to be made at the expense of the private owner, and the amount assessed is not more than his proper share of the reasonable cost of such improvement ; that if, from irregular exercise of that power, ■or other cause, not affecting adversely the burden imposed ■on him, the…
2Cases cited7 opinions
- State ex rel. Schintgen v. Mayor of La CrosseWisconsin Supreme Court · 1898
- Hixon v. Oneida CountyWisconsin Supreme Court · 1892
- Ashland Lumber Co. v. Detroit Salt Co.Wisconsin Supreme Court · 1902
- State ex rel. Hallauer v. GosnellWisconsin Supreme Court · 1903
- Gleason v. Waukesha CountyWisconsin Supreme Court · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lamasco Realty Co. v. City of MilwaukeeWisconsin Supreme Court · 1942
- Diver v. Keokuk Savings BankSupreme Court of Iowa · 1905
- Bechthold v. City of WauwatosaWisconsin Supreme Court · 1938
- Allen v. City of MilwaukeeWisconsin Supreme Court · 1906
- Catlin & Powell Co. v. SchuppertWisconsin Supreme Court · 1907
8 more not listed; retrieve them via the Exa API.