Legal Opinion

Stone v. City of Oconomowoc

Wisconsin Supreme Court

Decided February 28, 1888PublishedCited by 19 opinions

APPEAL from the Circuit Court for Waukesha County. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced in March, 1887, to restrain the defendant from letting, leasing, or allowing the mam auditorium of its city hall to be used for theaters, operas, concerts, lectures, dances, shows, or other entertainments, for profit or otherwise, and to restrict its use to municipal purposes.

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APPEAL from the Circuit Court for Waukesha County. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced in March, 1887, to restrain the defendant from letting, leasing, or allowing the mam auditorium of its city hall to be used for theaters, operas, concerts, lectures, dances, shows, or other entertainments, for profit or otherwise, and to restrict its use to municipal purposes. The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. From the order sustaining the demurrer the…

1Opinion of the CourtCassoday, J.

1. By its charter the city is given “ the general powers possessed by municipal corporations at common law, and in addition thereto” such other powers as are therein “specifically granted.” Sec. 1, subch. 1, ch. 239, Laws of 1879. The charter further provides that “the common council shall have the control and management of the finances of the city and of all other property thereof and, in addition to the powers otherwise vested in it, it shall have full power by ordinance, resolution, or by-laws — (1) To receive, purchase, and hold, for the use of the city, any estate, real or personal, and…

2Cases cited1 opinion

  1. Pratt v. Lincoln CountyWisconsin Supreme Court · 1884

3Cited by19 opinions

  1. Colwell v. City of Great FallsMontana Supreme Court · 1945
  2. Anderson v. City of MontevideoSupreme Court of Minnesota · 1917
  3. Kasik v. JanssenWisconsin Supreme Court · 1914
  4. Aron v. City of WausauWisconsin Supreme Court · 1898
  5. Gottlieb-Knabe & Co. v. MacKlinCourt of Appeals of Maryland · 1909

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