Neacy v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: G. N. Risjord, Judge. Action to enjoin the city of Milwaukee and its officers from paying out any money on a contract between the city of Milwaukee and the Universal Concrete Products Company for the furnishing of concrete posts to be used as a part of the equipment, of ,a .municipal lighting plant.
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Appeal from a judgment of the circuit court for Milwaukee county: G. N. Risjord, Judge. Action to enjoin the city of Milwaukee and its officers from paying out any money on a contract between the city of Milwaukee and the Universal Concrete Products Company for the furnishing of concrete posts to be used as a part of the equipment, of ,a .municipal lighting plant. Although not pleaded as sepárate causes of action, two grounds for the injunction are set forth in the complaint. The complaint is therefore logically divided into two parts, which we shall refer to as the first and second cause of…
1Opinion of the Court
The following opinion was filed March 9, 1920:
Owen, J.
It must be considered as settled by Neacy v. Milwaukee, 151 Wis. 504, 139 N. W. 409 (which was not modified by the case of Wis. T., L., H. & P. Co. v. Menasha, 157 Wis. 1, 145 N. W. 231, as counsel seems to think), that at the time of that decision the city had lawful authority to construct a municipal lighting plant, and if it has not such authority at this time it is because its legal rights in the premises have been forfeited since that decision.
It is the contention of appellant’s attorney that the city has abandoned the building of the…
2Cases cited8 opinions
- Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
- Dean v. CharltonWisconsin Supreme Court · 1869
- Ricketson v. City of MilwaukeeWisconsin Supreme Court · 1900
- Kilvington v. City of SuperiorWisconsin Supreme Court · 1892
- Allen v. City of MilwaukeeWisconsin Supreme Court · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Shulse v. City of MayvilleWisconsin Supreme Court · 1937
- Menzl v. City of MilwaukeeWisconsin Supreme Court · 1966
- Baumann v. City of West AllisWisconsin Supreme Court · 1925
- Bechthold v. City of WauwatosaWisconsin Supreme Court · 1938
- Neacy v. DrewWisconsin Supreme Court · 1922
8 more not listed; retrieve them via the Exa API.