Legal Opinion

Drummond v. City of Eau Claire

Wisconsin Supreme Court

Decided June 21, 1893PublishedCited by 13 opinions

APPEAL from the Circuit Court for Eau Glawe County- On March 19, 1890, the plaintiff filed with the city clerk of the defendant, for the action of its common council thereon, his claim for damages caused by the change of grade in front of his premises, in the sum of $1,500. Said claim was by the common council referred to its judiciary committee, April 2, 1890, and on the same day said committee reported said claim back to said council with the recommendation that the same…

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APPEAL from the Circuit Court for Eau Glawe County- On March 19, 1890, the plaintiff filed with the city clerk of the defendant, for the action of its common council thereon, his claim for damages caused by the change of grade in front of his premises, in the sum of $1,500. Said claim was by the common council referred to its judiciary committee, April 2, 1890, and on the same day said committee reported said claim back to said council with the recommendation that the same be disallowed. On the same day the common council took final action on said claim, and disallowed the same and each and…

1Opinion of the CourtCassoday, J.

1. The defendant seeks to justify the judgment on the ground that the claim filed by the plaintiff with the city clerk for the action of the common council was for damages by reason of the lawful change of grade in front of the plaintiff’s premises, whereas the complaint *560based upon sucb claim, served and filed after the cause was appealed to the circuit court, is for damages by reason of the unlawful change of such grade; and in support of his contention he relies upon Smith v. Eau Claire, 83 Wis. 455. In that case the claim filed stated the facts in detail, and clearly showed that the damage…

2Cases cited21 opinions

  1. Huebschmann v. McHenryWisconsin Supreme Court · 1872
  2. Church v. City of MilwaukeeWisconsin Supreme Court · 1872
  3. Kimball v. AdamsWisconsin Supreme Court · 1881
  4. Dore v. City of MilwaukeeWisconsin Supreme Court · 1877
  5. Crossett v. City of JanesvilleWisconsin Supreme Court · 1871

16 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
  2. Jorgenson v. City of SuperiorWisconsin Supreme Court · 1901
  3. Colclough v. City of MilwaukeeWisconsin Supreme Court · 1896
  4. Dahlman v. City of MilwaukeeWisconsin Supreme Court · 1907
  5. Lathrop v. City of RacineWisconsin Supreme Court · 1903

8 more not listed; retrieve them via the Exa API.

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