Lutien v. City of Kewaunee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kewau-nee county: Michael KibwaN, Circuit Judge. The plaintiffs sought to obtain a judgment declaring invalid certain proceedings under the general city charter law extending the corporate limits of the city of Kewaunee. Upon a trial, objection was made to any evidence under the complaint upon the ground of insufficiency. The objection was sustained and judgment of dismissal entered.
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Appeal from a judgment of the circuit court for Kewau-nee county: Michael KibwaN, Circuit Judge. The plaintiffs sought to obtain a judgment declaring invalid certain proceedings under the general city charter law extending the corporate limits of the city of Kewaunee. Upon a trial, objection was made to any evidence under the complaint upon the ground of insufficiency. The objection was sustained and judgment of dismissal entered. On appeal the decision was affirmed. 148 Wis. 242, 126 N. W. 662, 127 N. W. 942. For a statement, in detail, of the facts upon which plaintiff relied, reference is…
1Opinion of the CourtMarshall, J.
The judgment upon the former appeal foreclosed all questions as regards this case, except as to whether facts existed, rendering the statutory bar inapplicable. No question of that kind was presented on the oral argument nor do we find any such discussed in the brief of counsel for appellants. We are favored by a discussion of whether the general charter provision for extending the corporate limits of cities is valid, and of whether the ordinance closing the annexation proceedings is unconstitutional. They are purely questions of law and not within the letter or spirit of the right saved to…
2Cases cited5 opinions
- McDonald v. StateWisconsin Supreme Court · 1891
- Priewe v. Wisconsin State Land & Improvement Co.Wisconsin Supreme Court · 1896
- Ean v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
- Rupiper v. CallowayWisconsin Supreme Court · 1899
- Wilcox v. BatesWisconsin Supreme Court · 1878
3Cited by9 opinions
- McGovern v. EckhartWisconsin Supreme Court · 1929
- Cathey v. Industrial CommissionWisconsin Supreme Court · 1964
- City of New Albany v. LyonsIndiana Court of Appeals · 1918
- Olson v. Hardware Dealers Mutual Fire InsuranceWisconsin Supreme Court · 1970
- Borosich v. Metropolitan Life InsuranceWisconsin Supreme Court · 1927
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