Legal Opinion

Gilman v. City of Milwaukee

Wisconsin Supreme Court

Decided November 25, 1884PublishedCited by 9 opinions

APPEAL from the Circuit Court for Milwaukee County. The case is thus stated by Mr. Justice Cassoday : “This is an appeal from an order overruling the demurrer, to the complaint, which stated, in effect, that the city of Milwaukee, one of the defendants in this action, is, and was at the several times hereinafter mentioned, a municipal corporation of the state of Wisconsin, formed and organized under the laws of said state,'and that Albert Geilfuss, the other defendant in…

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APPEAL from the Circuit Court for Milwaukee County. The case is thus stated by Mr. Justice Cassoday : “This is an appeal from an order overruling the demurrer, to the complaint, which stated, in effect, that the city of Milwaukee, one of the defendants in this action, is, and was at the several times hereinafter mentioned, a municipal corporation of the state of Wisconsin, formed and organized under the laws of said state,'and that Albert Geilfuss, the other defendant in this action, is treasurer of said city, and was such treasurer at the time of the tax sale hereinafter mentioned; that the…

1Opinion of the CourtOassoday, J.

The corporate authorities of a city possess only such powers as are expressly granted by legislative enactment, and such others as may be necessary or convenient to carry into execution the powers thus expressly granted. State ex rel. Priest v. Regents, 54 Wis. 169, 170; Collins v. Hatch, 18 Ohio, 523; S. C. 51 Am. Dec. 465; Thompson v. Schermerhorn, 6 N. Y. 92; S. C. 55 Am. Dec. 385; Robinson v. Mayor, 34 Am. Dec. 627.

Ch. 475, P. & L. Laws of 1871, entitled “An act to enable the city of Milwaukee to construct water-works and to carry on and manage the same,” created a board of water…

2Cases cited8 opinions

  1. Thompson v. . SchermerhornNew York Court of Appeals · 1851
  2. State ex rel. Priest v. Regents of the UniversityWisconsin Supreme Court · 1882
  3. Warner v. KnoxWisconsin Supreme Court · 1880
  4. Wells v. BurnhamWisconsin Supreme Court · 1865
  5. Schettler v. City of Fort HowardWisconsin Supreme Court · 1877

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

3Cited by9 opinions

  1. State ex rel. Wisconsin Telephone Co. v. City of SheboyganWisconsin Supreme Court · 1901
  2. City of Milwaukee v. RaulfWisconsin Supreme Court · 1916
  3. Bank of Columbia v. PortlandOregon Supreme Court · 1902
  4. Manske v. City of MilwaukeeWisconsin Supreme Court · 1904
  5. Herman v. City of OcontoWisconsin Supreme Court · 1898

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

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