Wisconsin Real Estate Co. v. City of Milwaukee
Wisconsin Supreme Court
A vpiiiAT. from an order of tbe circuit court for Milwaukee county: OekeN T. Williams, Circuit Judge. Plaintiff brought action to restrain tbe defendants from collecting a special assessment of $7,173.12 levied against plaintiff’s property, consisting of a great many lots, for tbe construction of bouse drains, claiming that tbe assessment was void because of tbe following, among other, irregularities in tbe proceedings bad therefor: (1) tbe drains were ordered laid before…
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A vpiiiAT. from an order of tbe circuit court for Milwaukee county: OekeN T. Williams, Circuit Judge. Plaintiff brought action to restrain tbe defendants from collecting a special assessment of $7,173.12 levied against plaintiff’s property, consisting of a great many lots, for tbe construction of bouse drains, claiming that tbe assessment was void because of tbe following, among other, irregularities in tbe proceedings bad therefor: (1) tbe drains were ordered laid before tbe streets were ordered to be paved or repaired, contrary to sec. 17 of cb. VIII of tbe city charter; (2) as to a portion…
1Opinion of the CourtViNJE, J.
Is the order appealable? Neither party has raised the question, but since this court acquires no jurisdiction to consider the merits unless it is appealable, the question of the appealability of an order is always involved in a consideration of its merits. Hyde v. German Nat. Bank, 96 Wis. 406, 71 N. W. 659; In re Minn. & Wis. R. Co. 103 Wis. 191, 78 N. W. 753; Sioux L. Co. v. Ewing, 148 Wis. 600, 135 N. W. 130. Confessedly it is not an order affecting a substantial right made in an action which in effect determines it and prevents a judgment from which an appeal might be taken; neither is it…
2Cases cited13 opinions
- Smith v. SherryWisconsin Supreme Court · 1882
- Schintgen v. City of La CrosseWisconsin Supreme Court · 1903
- Dalrymple v. City of MilwaukeeWisconsin Supreme Court · 1881
- Lombard v. McMillanWisconsin Supreme Court · 1897
- Sheboygan County v. City of SheboyganWisconsin Supreme Court · 1882
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- R Communications, Inc. v. SharpTexas Supreme Court · 1994
- Old Colony Railroad v. Assessors of BostonMassachusetts Supreme Judicial Court · 1941
- Hermann v. Town of DelavanWisconsin Supreme Court · 1998
- Gilbert v. HoardWisconsin Supreme Court · 1930
- G. Heileman Brewing Co. v. City of La CrosseCourt of Appeals of Wisconsin · 1981
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