Legal Opinion

Johnson v. City of Milwaukee

Wisconsin Supreme Court

Decided August 15, 1876PublishedCited by 25 opinions

APPEAL from tlie Circuit Court for Milwaukee County. Jolmson, as the owner of a lot on East Water Street, in the city of Milwaukee, abutting on the Milwaukee river, brought this action to enjoin the issuing of a street commissioner’s certificate against the lot, for dredging done in the river and made chargeable by the charter upon the lot. . The charter, as it existed at the time of doing the work (and as set forth in a note i/nfra), provided that the expense of dredging…

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APPEAL from tlie Circuit Court for Milwaukee County. Jolmson, as the owner of a lot on East Water Street, in the city of Milwaukee, abutting on the Milwaukee river, brought this action to enjoin the issuing of a street commissioner’s certificate against the lot, for dredging done in the river and made chargeable by the charter upon the lot. . The charter, as it existed at the time of doing the work (and as set forth in a note i/nfra), provided that the expense of dredging the river, to the extent of fifty feet in width on each side next to and along the dock lines, should be apportioned by…

1Opinion of the CourtRyan, C. J.

Weeks v. Milwaukee, 10 Wis., 242, was decided as long ago as 1860; has been repeatedly followed and approved (Bond v. Kenosha, 17 Wis., 284; Mitchell v. Milwaukee, 18 id., 92; May v. Holdridge, 23 id., 93; Dean v. *320Charlton, 27 id., 522; Hale v. Kenosha, 29 id., 599; Blount v. Janesville, 31 id., 648); and the rule which it upholds enters into most, if not all, of the city charters since granted by the legislature. The rule was adopted by the court with reluctance, in submission to the language of the constitution. But, whatever we might now think of the abstract justice or policy of the rule,…

2Cases cited6 opinions

  1. Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
  2. Judd v. Town of Fox LakeWisconsin Supreme Court · 1871
  3. Hersey v. Board of SupervisorsWisconsin Supreme Court · 1875
  4. Bond v. City of KenoshaWisconsin Supreme Court · 1863
  5. Soens v. City of RacineWisconsin Supreme Court · 1860

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

3Cited by25 opinions

  1. Verdin v. City of St. LouisSupreme Court of Missouri · 1895
  2. Donnelly v. DeckerWisconsin Supreme Court · 1883
  3. Lamasco Realty Co. v. City of MilwaukeeWisconsin Supreme Court · 1942
  4. Hayes v. Douglas CountyWisconsin Supreme Court · 1896
  5. State ex rel. Cunningham v. District Court of Ramsey CountySupreme Court of Minnesota · 1882

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

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