Haubner v. City of Milwaukee
Wisconsin Supreme Court
Appeals from judgments of the superior court of Milwaukee county: J. C. Ludwig, Judge. On November 5, 1903, the plaintiff, as owner of lot 6 in block 13, having a frontage on Fifth street of fifty feet, commenced this action at law in the superior court of Milwaukee county to recover damages for cutting down tbe street in front of bis lot and thereby injuring his premises.
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Appeals from judgments of the superior court of Milwaukee county: J. C. Ludwig, Judge. On November 5, 1903, the plaintiff, as owner of lot 6 in block 13, having a frontage on Fifth street of fifty feet, commenced this action at law in the superior court of Milwaukee county to recover damages for cutting down tbe street in front of bis lot and thereby injuring his premises. The complaint alleges, among other things, in effect, that March 14, 1900, the city, by ordinance, permanently established the grade of Fifth street from Burleigh street (being the street next south of the plaintiff’s lot)…
1Opinion of the Court
The following opinion was filed December 13, 1904:
Cassoday, C. J.
1. Error is assigned because the court refused to consolidate the action at law with the suit in equity, and also refused to try the equity suit first. No such question was suggested until' after the superior court had entered upon the trial of the action at law, nor until after the city had asked and obtained leave to amend its answer, setting up the pendency of the suit in equity in the circuit court, and the city had sought and failed to have the venue in the action at law changed to the circuit court, and the venue in the…
2Cases cited15 opinions
- Norwood v. BakerSupreme Court of the United States · 1898
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Jorgenson v. City of SuperiorWisconsin Supreme Court · 1901
- Norton v. PeckWisconsin Supreme Court · 1854
- Kersten v. City of MilwaukeeWisconsin Supreme Court · 1900
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3Cited by6 opinions
- Dahlman v. City of MilwaukeeWisconsin Supreme Court · 1907
- Janes v. City of RacineWisconsin Supreme Court · 1913
- City of Elkins v. HarperWest Virginia Supreme Court · 1918
- Dahlman v. City of MilwaukeeWisconsin Supreme Court · 1907
- Gergen v. City of West AllisWisconsin Supreme Court · 1929
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