State Ex Rel. Federal Paving Corp. v. Prudisch

Controversies in relation to the claim upon which there is based herein the right asserted to compel payment by mandamus were involved in Bechthold v. Wauwatosa, 228 Wis. 544, 277 N. W. 657, 280 N. W. 320; Federal Paving Corp. v. Wauwatosa, 231 Wis. 655, 286 N. W. 546, and Federal Paving Corp. v. Prudisch, 235 Wis. 527, 293 N. W. 156. Subsequent to the decision in the latter case, in which sec. 62.215, Stats. 1939, was held invalid, the legislature enacted sec. 66.295, Stats. 1941 (ch. 272, Laws of 1941), subs. (1) and (2) whereof provide:

“(1) Whenever any city of whatever class, however…