City of Wauwatosa v. Dreutzer
Wisconsin Supreme Court
Appeal from au order of the circuit court for Milwaukee county: LaweeNCe W. Halsey, Circuit Judge. Action to compel the removal of an alleged obstruction in one of the public streets of the plaintiff city. The allegations of the complaint are to the following effect: Plaintiff is a duly organized city under the laws of this state. One of its public streets is East Milwaukee avenue.
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Appeal from au order of the circuit court for Milwaukee county: LaweeNCe W. Halsey, Circuit Judge. Action to compel the removal of an alleged obstruction in one of the public streets of the plaintiff city. The allegations of the complaint are to the following effect: Plaintiff is a duly organized city under the laws of this state. One of its public streets is East Milwaukee avenue. A portion thereof lies between and at right angles and is connected with First avenue at one end and Wauwatosa avenue at the other. The center line of such portion is described as follows: Oommenc-ing at the center…
1Opinion of the CourtMaeshall, J.
Tbe sole question to be solved on this apt-peal is tbis: Can an action in equity be maintained by a municipal corporation to obtain a mandatory injunction compelling tbe removal of an encroachment upon one of its public streets without first giving tbe wrong-doer an opportunity to remove it without suit pursuant to an order made and served upon him in accordance with sec. 1330, Stats. 1898 ? It is conceded by appellant’s counsel that an action in equity, by a municipality, will lie to remedy such a matter, and conceded by respondent’s counsel that if, as a condition thereof, notice to tbe…
2Cases cited6 opinions
- Village of Pewaukee v. SavoyWisconsin Supreme Court · 1899
- City of Madison v. MayersWisconsin Supreme Court · 1897
- Town of Jamestown v. Chicago, Burlington & Northern RailroadWisconsin Supreme Court · 1887
- City of Oshkosh v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1889
- City of Eau Claire v. MatzkeWisconsin Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- City of Emporia v. HumphreySupreme Court of Kansas · 1931
- City of Milwaukee v. Gimbel Bros.Wisconsin Supreme Court · 1906
- State v. JewellWisconsin Supreme Court · 1947