Durkee v. City of Janesville
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. This action was brought against the City of Janes-ville and its treasurer, to restrain the sale of the plaintiff’s lots for the purpose of collecting an assessment made upon them for grading the street in front thereof, and paving it with the Nicholson pavement; and also to have said assessment, and all the proceedings relating thereto, adjudged to be illegal and void.
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APPEAL from the Circuit Court for Rock County. This action was brought against the City of Janes-ville and its treasurer, to restrain the sale of the plaintiff’s lots for the purpose of collecting an assessment made upon them for grading the street in front thereof, and paving it with the Nicholson pavement; and also to have said assessment, and all the proceedings relating thereto, adjudged to be illegal and void. Various irregularities in the proceedings upon which the assessment was based, are specified in the complaint. The work was done under a contract-entered into in July, 1869, and…
1Opinion of the CourtCole, J.
Without stopping to consider any other question discussed in this case, there is one which we think is decisive of the appeal. It is, that the act of the legislature (chap. 269, P. & L. Laws of 1870) relied upon to ease the defects and irregularities in the proceedings of the common council in making the special assessments for grading the street and laying the Nicholson pavement, is in conflict with the constitution, and therefore void. It is most unquestionably a private or local act, within the meaning of section eighteen, article four of the constitution. This section declares that “ no…
2Cases cited5 opinions
- Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- People Ex Rel. McConvill v. HillsNew York Court of Appeals · 1866
- The Sun Mutual Ins. Co. v. . the Mayor, C., of New YorkNew York Court of Appeals · 1853
- The People v. . O'BrienNew York Court of Appeals · 1868
- The Mayor, C., of New-York v. . ColgateNew York Court of Appeals · 1854
3Cited by20 opinions
- State v. BeckerSouth Dakota Supreme Court · 1892
- In re BreeneSupreme Court of Colorado · 1890
- State v. MorganSouth Dakota Supreme Court · 1891
- Durkee v. City of JanesvilleWisconsin Supreme Court · 1871
- Milwaukee County v. IsenringWisconsin Supreme Court · 1901
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