Olmsted v. City of Superior
U.S. Circuit Court for the District of Western Wisconsin
In Equity. On demurrers to amended and supplemental bill and motion for preliminary injunction. This is a suit in equity against the city of Superior and the county of Douglas, based upon certain street improvement bonds of the city of Superior. The bill has been twice amended, and the demurrers involve the sufficiency of the amended and supplemental bill of complaint.
Read the full summary
In Equity. On demurrers to amended and supplemental bill and motion for preliminary injunction. This is a suit in equity against the city of Superior and the county of Douglas, based upon certain street improvement bonds of the city of Superior. The bill has been twice amended, and the demurrers involve the sufficiency of the amended and supplemental bill of complaint. Briefly stated, the bill ■of complaint sets forth the following facts: By section 30, c. 124, p. 796, Laws 1891, the common council of the defending city was authorized to lay out, make, open, and keep in repair all highways…
1Opinion of the CourtQuarles, District Judge
(after stating the facts as above). The defendant county of Douglas was made a party to the amended bill of complaint, and then interposed a separate demurrer thereto. The court sustained the demurrer; but the complainant, having obtained leave of the court to file a supplemental bill, retained the county of Douglas as a defendant, and added certain new and additional averments. The county again demurs to the supplemental bill. This demurrer must be sustained, upon the same ground upon which the former ruling was based, namely, that such supplemental bill presents no equitable cause of action…
2Cases cited32 opinions
- Cherokee Nation v. Southern Kansas Railway Co.Supreme Court of the United States · 1890
- Clews v. JamiesonSupreme Court of the United States · 1901
- Brown v. Guarantee Trust & Safe Deposit Co.Supreme Court of the United States · 1888
- Hurt v. HollingsworthSupreme Court of the United States · 1879
- United States v. County of ClarkSupreme Court of the United States · 1877
27 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Greer Inv. Co. v. BoothCourt of Appeals for the Tenth Circuit · 1932
- Miller v. HamiltonCourt of Appeals for the Eighth Circuit · 1916
- Suttor v. Town of WetonkaSouth Dakota Supreme Court · 1934