Legal Opinion

Lumsden v. City of Milwaukee

Wisconsin Supreme Court

Decided June 15, 1859PublishedCited by 12 opinions

APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY. This was a proceeding by bill in equity, to restrain the common council from widening a street in the city of Milwaukee.

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APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY. This was a proceeding by bill in equity, to restrain the common council from widening a street in the city of Milwaukee. The bill sets forth that the plaintiffs were the owners of twelve acres of land, known on a map of the city as block No. 81, bounded on the north by Brady street, on the east by Marshall street, on the south and west by private lands ; that by virtue of the act of March 18, 1856, “ to amend the act to consolidate the act to incorporate the city of Milwaukee, and the acts amendatory thereof,” it was enacted that the common council…

1Opinion of the Court

By the Court,

Cole, J.

In disposing of this appeal, it does not become necessary to consider and determine whether or not all the provisions of the charter of the city of Milwaukee, which relate to the manner of appointing a jury to view the premises, and the mode of proceeding prescribed for establishing the necessity of taking the property for public use, fully and substantially comply with the second section of the eleventh article of the constitution of this State. For the purposes of this case it may be conceded that the jury may be selected in the manner prescribed in the charter, and…

2Cases cited1 opinion

  1. Mohawk & Hudson Rail Road v. ArtcherNew York Court of Chancery · 1836

3Cited by12 opinions

  1. B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
  2. Sterritt v. YoungWyoming Supreme Court · 1905
  3. Seifert v. BrooksWisconsin Supreme Court · 1874
  4. Soens v. City of RacineWisconsin Supreme Court · 1860
  5. State ex rel. Allis v. WiesnerWisconsin Supreme Court · 1925

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