Carthew v. City of Platteville
Wisconsin Supreme Court
3. Sec. 925 — 58, Stats., providing that no action shall he maintained against a city “upon any claim or demand of any kind or character whatsoever” until the claim or demand shall first have been presented to the council and disallowed, does not apply to an action for equitable relief, even though full relief therein will include money damages. Appeal from an order of tbe circuit court for Grant county: Geobgb ClemeNtsoN, Circuit Judge.
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3. Sec. 925 — 58, Stats., providing that no action shall he maintained against a city “upon any claim or demand of any kind or character whatsoever” until the claim or demand shall first have been presented to the council and disallowed, does not apply to an action for equitable relief, even though full relief therein will include money damages. Appeal from an order of tbe circuit court for Grant county: Geobgb ClemeNtsoN, Circuit Judge. Suit in equity to abate a nuisance- and to recover damages. Tbe substance of tbe complaint is to tbe effect that tbe defendant city bas unlawfully, wilfully,…
1Opinion of the CourtViNJE, J.
The complaint states a good cause of action under sec. 3180, Stats. 1911, and is clearly not subject to demurrer on tbe ground that several causes of action have *324been improperly united in tbat it asks for damages as well as for the abatement of tbe nuisance. The statute expressly gives circuit courts jurisdiction of actions “to recover damages for and to abate private nuisances or a public nuisance from which any person suffers a private or special injury peculiar to himself.” The statute does not contemplate that separate suits should be brought for damages and for the abatement of the…
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