Davis v. City of Appleton
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: JohN GoodlaNd, Circuit Judge. This is an action in equity to obtain a perpetual injunction restraining the city from erecting a trestle work and water tank on a twelve-foot strip of land in the city of Appleton, which the plaintiff claims to own.
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Appeal from a judgment of the circuit court for Outa-gamie county: JohN GoodlaNd, Circuit Judge. This is an action in equity to obtain a perpetual injunction restraining the city from erecting a trestle work and water tank on a twelve-foot strip of land in the city of Appleton, which the plaintiff claims to own. The defendant, by its answer, denies the plaintiff’s ownership, and claims that said strip of land is part of Johnson street, and by counterclaim asks that the plaintiff be restrained from erecting structures upon said strip or interfering with the city in its use thereof. The…
1Opinion of the CourtWiNslow, J.
The charter of the city of Appleton (sec. 24, subch. V, ch. 441, Laws of 1885) provides that, except in the case of a city order, “ no action shall be maintained by any person against the city upon any claims or demands of any kind whatsoever, whether arising from contract or otherwise, until” such claim shall have been presented to the common council. Appellant claims that, because the complaint in this case does not allege any such presentation, this action cannot be maintained. There are two answers to the objection: First. The provision is not a condition precedent to the right of action,…
2Cases cited5 opinions
- Paine Lumber Co. v. City of OshkoshWisconsin Supreme Court · 1895
- Pinkum v. City of Eau ClaireWisconsin Supreme Court · 1892
- City of Ashland v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
- La Crosse City Railway Co. v. HigbeeWisconsin Supreme Court · 1900
- Reuter v. LaweWisconsin Supreme Court · 1896
3Cited by11 opinions
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Hasslinger v. Village of HartlandWisconsin Supreme Court · 1940
- Morrison v. City of Eau ClaireWisconsin Supreme Court · 1902
- Carthew v. City of PlattevilleWisconsin Supreme Court · 1914
- El Paso Union Passenger Depot Co. v. LookCourt of Appeals of Texas · 1918
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