Fleming v. City of Appleton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagmvie County. On the 24th of May, 1881, Flerriing presented, to the clerk of the city of Appleton his verified petition, addressed to the mayor and common council of that city, claiming $1,250 damages for an injury alleged to have happened by reason of the insufficiency or want of repair of a certain bridge or highway in that city; and he therein demanded payment of the claim.
Read the full summary
APPEAL from the Circuit Court for Outagmvie County. On the 24th of May, 1881, Flerriing presented, to the clerk of the city of Appleton his verified petition, addressed to the mayor and common council of that city, claiming $1,250 damages for an injury alleged to have happened by reason of the insufficiency or want of repair of a certain bridge or highway in that city; and he therein demanded payment of the claim. At a meeting of the common council, May 25, 1881, the city clerk presented and read said petition, and it was on motion referred to the city attorney, who never made any report or…
1Opinion of the CourtCassoday, J.
The determination of this appeal must depend upon the construction to be given to the provisions of the charter of the city of Appleton. The charter provides that “no action shall be maintained by any person against the city, upon any claims or demands of any kind "whatsoever, whether arising from contract or otherwise, until such person shall first have presented such claim or demand to the common council for allowance,” except upon city orders duly issued after payment had been duly demanded. Section 25, subch. 5, of ch. 47, Laws of 1876. Section 26 of the same subchapter provides that “…
2Cited by6 opinions
- Mason v. City of AshlandWisconsin Supreme Court · 1898
- Watson v. City of AppletonWisconsin Supreme Court · 1885
- Seegar v. City of AshlandWisconsin Supreme Court · 1899
- Morgan v. City of RhinelanderWisconsin Supreme Court · 1899
- Vogel v. City of AntigoWisconsin Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.