Legal Opinion

O'Donnell v. City of New London

Wisconsin Supreme Court

Decided February 18, 1902PublishedCited by 10 opinions

Appeal from an order of the circuit court for Waupaca county: Chas. 3d. Webb, Circuit Judge. This is an appeal from an order sustaining a demurrer to the amended complaint, alleging, in effect, that during the times mentioned the plaintiff was the owner of the lands described; that the Embarrass river flows in a southerly course between such lands of the plaintiff, and empties during its low-water stage into- the Wolf river, in the lumber yard described, in the city of New…

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Appeal from an order of the circuit court for Waupaca county: Chas. 3d. Webb, Circuit Judge. This is an appeal from an order sustaining a demurrer to the amended complaint, alleging, in effect, that during the times mentioned the plaintiff was the owner of the lands described; that the Embarrass river flows in a southerly course between such lands of the plaintiff, and empties during its low-water stage into- the Wolf river, in the lumber yard described, in the city of New London; that the lands of the plaintiff lie north and west of the lumber yard, and are all within the limits of the city;…

1Opinion of the Court

Oassoday, O. J.

The charter of the city provides, in effect, that the common • council shall have power to audit, adjust, and allow all claims and demands of every nature against the city, except such claims or demands as are pay*295able out of the school fund; and no action shall be maintained by any person, against the city upon any claim or demand mentioned in the preceding section, other than a city bond or order, unless such person shall first have presented such claim or demand to th& common council of the city. The determination of the common council disallowing, in whole or in part, any…

2Cases cited18 opinions

  1. Gatzow v. BueningWisconsin Supreme Court · 1900
  2. O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
  3. Relyea v. Tomahawk Paper & Pulp Co.Wisconsin Supreme Court · 1899
  4. Sheel v. City of AppletonWisconsin Supreme Court · 1880
  5. Malloy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901

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

3Cited by10 opinions

  1. Bunker v. City of HudsonWisconsin Supreme Court · 1904
  2. Frasch v. City of New UlmSupreme Court of Minnesota · 1915
  3. Morrison v. City of Eau ClaireWisconsin Supreme Court · 1902
  4. Read v. City of MadisonWisconsin Supreme Court · 1916
  5. Wysocki v. Wisconsin Lakes Ice & Cartage Co.Wisconsin Supreme Court · 1905

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

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