Roter v. City of Superior
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: A. J. Yibtje, Circuit Judge. It appears from the record that July 8, 1899, the plaintiff filed with the city clerk a claim against the city for $253.02 and interest thereon from September 24, 1895, for failure to collect from the property assessed, or the owners thereof, the amount1 of the four several sewer construction certificates dated on the day and year last named, and issued by the city on that day to A.…
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Appeal from a judgment of the circuit court for Douglas county: A. J. Yibtje, Circuit Judge. It appears from the record that July 8, 1899, the plaintiff filed with the city clerk a claim against the city for $253.02 and interest thereon from September 24, 1895, for failure to collect from the property assessed, or the owners thereof, the amount1 of the four several sewer construction certificates dated on the day and year last named, and issued by the city on that day to A. Johnson & Co., contractors, on four several lots, described, respectively, and which certificates, in pursuance of…
1Opinion of the Court
Cassoday, O. J.
The city contends that it is not liable to the plaintiff in this action by reason of the provisions of the sewer .construction contract and certificates recited above. It is very obvious that if the plaintiff, as the holder of the certificates in question, is limited to the special assessments as therein stipulated and as agreed in the contract under which the certificates were issued, then there can be no recovery from the city in this action. But the plaintiff contends that under the charter it was optional with the city to pay for such improvement in the manner indicated, or…
2Cases cited9 opinions
- Hennessy v. Douglas CountyWisconsin Supreme Court · 1898
- State ex rel. Schintgen v. Mayor of La CrosseWisconsin Supreme Court · 1898
- State ex rel. Donnelly v. HobeWisconsin Supreme Court · 1900
- Gleason v. Waukesha CountyWisconsin Supreme Court · 1899
- Hall v. City of Chippewa FallsWisconsin Supreme Court · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Frame v. PlumbWisconsin Supreme Court · 1909
- Jewell v. City of SuperiorCourt of Appeals for the Seventh Circuit · 1904
- Armory Realty Co. v. OlsenWisconsin Supreme Court · 1933
- Lisbon Avenue Land Co. v. Town of LakeWisconsin Supreme Court · 1908
- Blanchar v. City of CasperCourt of Appeals for the Tenth Circuit · 1936
1 more not listed; retrieve them via the Exa API.