Fletcher v. City of Oshkosh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. This was an action to recover from the City of OshJcosh the amounts due upon several street commissioners’ certificates for work done under contract with the city in grading a certain street in said city.
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APPEAL from the Circuit Court for Winnebago County. This was an action to recover from the City of OshJcosh the amounts due upon several street commissioners’ certificates for work done under contract with the city in grading a certain street in said city. The complaint alleges, among other things, that no part of the amounts mentioned in said certificates was paid before the time of making out the annual assessment roll or tax list for said city for 1857 ; that accordingly the several amounts were duly assessed by the common council upon the several lots to which, by law and the terms of the…
1Opinion of the Court
By the Oourt,
PAINE, J.
We do not feel called upon to review the elaborate argument of the appellant’s counsel, in respect to what would have been the liability of the city, upon the facts presented, in.the absence of any special provision in its charter. For, conceding all that the appellant claims, the special provision that does exist renders it all inapplicable. That provision is that, “ in no event, where work is ordered to be done at the expense of any lot or parcel of land, shall either the city or any ward be held responsible for the payment thereof.” Now, in the face of this provision,…
2Cited by12 opinions
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- City of Alton v. FosterIllinois Supreme Court · 1904
- Severns Paving Co. v. Oklahoma CitySupreme Court of Oklahoma · 1932
- City of Pontiac v. Talbot Pav. Co.Court of Appeals for the Seventh Circuit · 1899
- Powell v. City of Ada, Okl.Court of Appeals for the Tenth Circuit · 1932
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