Gilman v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. This action was founded upon an indenture of lease, dated February 23, 1866, and executed by tbe plaintiff as party of • tbe first part, and signed by tbe mayor and countersigned by the comptroller of tbe defendant city in its bebalf as party of tbe second part, and sealed with its corporate seal; by which instrument plaintiff leased to tbe city, for tbe term of one year from said date, upon terms set forth in tbe complaint,…
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APPEAL from tbe County Court of Milwaukee County. This action was founded upon an indenture of lease, dated February 23, 1866, and executed by tbe plaintiff as party of • tbe first part, and signed by tbe mayor and countersigned by the comptroller of tbe defendant city in its bebalf as party of tbe second part, and sealed with its corporate seal; by which instrument plaintiff leased to tbe city, for tbe term of one year from said date, upon terms set forth in tbe complaint, two lots therein described. Tbe complaint avers that prior to tbe making of said lease, tbe common council of tbe city…
1Opinion of the CourtCole, J.
The counsel for the plaintiff, in his brief, fairly states the real and only question arising in this case, which is, whether the city of Milwaukee has the authority under its charter to lease land situate within the corporate limits for the use of a public street in any case ? . If it has, the demurrer to the complaint was improperly sustained.
The charter confers upon the municipal corporation “the general powers possessed by municipal corporations at common law,” and, among other express grants, authorizes the city to “ lease, purchase and hold real and personal estate sufficient for the…
2Cases cited1 opinion
- Rains v. City of OshkoshWisconsin Supreme Court · 1861
3Cited by6 opinions
- Ambrozich v. City of EvelethSupreme Court of Minnesota · 1937
- Appleton Waterworks Co. v. City of AppletonWisconsin Supreme Court · 1907
- Trester v. City of SheboyganWisconsin Supreme Court · 1894
- Brown v. KayserWisconsin Supreme Court · 1884
- Waterman v. LeSageWisconsin Supreme Court · 1910
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