Neacy v. City of Milwaukee
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee ■county: W. J. TueNeb, Circuit Judge. Suit in equity by plaintiff as taxpayer, on behalf of himself and others, to enjoin the defendants from entering into contract for the erection or purchase of any municipal lighting plant, or any part thereof, or machinery therefor; from paying anything upon any such contract; and from executing or issuing certain bonds therefor under a resolution of the common council.
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Appeal from an order of tbe circuit court for Milwaukee ■county: W. J. TueNeb, Circuit Judge. Suit in equity by plaintiff as taxpayer, on behalf of himself and others, to enjoin the defendants from entering into contract for the erection or purchase of any municipal lighting plant, or any part thereof, or machinery therefor; from paying anything upon any such contract; and from executing or issuing certain bonds therefor under a resolution of the common council. The complaint alleged that in 1904 the council, having amongst other information the report of the city engineer that a municipal…
1Opinion of the CourtDodge, J.
It being conceded by the answer that all of the-proposed proceedings toward erecting and paying for a municipal lighting plant are taken in reliance upon the ability of' the city to issue its bonds for the cost thereof by authority of the referendum vote of 1904 and are dependent upon such issue of bonds, the first and fundamental question is whether that vote is sufficient in law to authorize the present threatened issue of $150,000 of bonds.
Whatever power the city, acting through its common council and other officials, may have to engage in undertakings of the character here considered to…
2Cases cited3 opinions
- City of Leavenworth v. WilsonSupreme Court of Kansas · 1904
- State ex rel. Williams v. Sawyer CountyWisconsin Supreme Court · 1909
- Farmers' Loan & Trust Co. v. City of Sioux FallsU.S. Circuit Court for the District of South Dakota · 1904
3Cited by11 opinions
- Maxcy v. City of OshkoshWisconsin Supreme Court · 1910
- Anselmi v. City of Rock SpringsWyoming Supreme Court · 1938
- Clark v. City of Los AngelesCalifornia Supreme Court · 1911
- Grabe v. Lamro Independent Consolidated School District, No. 20South Dakota Supreme Court · 1928
- Muscatine Lighting Co. v. City of MuscatineSupreme Court of Iowa · 1928
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