Legal Opinion

Stedman v. City of Berlin

Wisconsin Supreme Court

Decided November 16, 1897PublishedCited by 36 opinions

Appeal from an order of the circuit court for Green Lake county: Geo. W. Buenell,,Circuit Judge. This action was brought by the plaintiffs, Stedman and others, suing for themselves and for all other taxpayers, of the city of Berlin, against the city of Berlin, its city treas-nrer, city clerk, and W. JB.

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Appeal from an order of the circuit court for Green Lake county: Geo. W. Buenell,,Circuit Judge. This action was brought by the plaintiffs, Stedman and others, suing for themselves and for all other taxpayers, of the city of Berlin, against the city of Berlin, its city treas-nrer, city clerk, and W. JB. Wheeler, to set aside and vacate a certain ordinance, contract, and franchise for the construction of waterworks in said city, as wholly null and void, and as beyond the power of the city to make, and as fraudulent; and the complaint prayed that the defendant Wheeler, his agents, assigns,…

1Opinion of the CourtPinney, J.

The complaint in this action, with its exhibits, is so lengthy that it is impracticable to give more than a brief abstract of it. The contract and franchise granted to the defendant Wheeler were, in general terms and in substance, the same as in other like cases for the construction of waterworks and to furnish fire protection to cities. It required the construction of waterworks for the city of Berlin, with eighty hydrants for fire purposes, at a yearly rental of $4,500, to be raised by taxation, for a period of not more than thirty years, and with an option that the city might purchase said…

2Cases cited5 opinions

  1. Earles v. WellsWisconsin Supreme Court · 1896
  2. State ex rel. Marinette, Tomahawk & Western Railway Co. v. Common Council of TomahawkWisconsin Supreme Court · 1897
  3. Strong v. McCaggWisconsin Supreme Court · 1882
  4. City of Ashland v. WheelerWisconsin Supreme Court · 1894
  5. Milwaukee Electric Railway & Light Co. v. City of MilwaukeeWisconsin Supreme Court · 1897

3Cited by36 opinions

  1. State ex rel. Attorney General v. DonaldWisconsin Supreme Court · 1915
  2. Columbia County v. Board of Trustees of Wisconsin Retirement FundWisconsin Supreme Court · 1962
  3. City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
  4. Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
  5. Burnham v. City of MilwaukeeWisconsin Supreme Court · 1897

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