Whalen v. City of La Crosse
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Crosse County. This was an appeal from an order of the circuit court sustaining a demurrer to the plaintiff’s complaint, and the facts necessary to a proper understanding of the opinion of the court are stated therein. cited Cui/ler vs. Trustees of Rochester, 12 Wend., 165;.C&y of St. Paul vs. Seitz, 3 Minn.,297; Gumming vs. Ihe Mayor, &c., 11 Paige, 596; Manice vs. The Mayor, 4 Seld., 120; Wetmore vs. Campbell, 2 Sanf.
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APPEAL from the Circuit Court for La Crosse County. This was an appeal from an order of the circuit court sustaining a demurrer to the plaintiff’s complaint, and the facts necessary to a proper understanding of the opinion of the court are stated therein. cited Cui/ler vs. Trustees of Rochester, 12 Wend., 165;.C&y of St. Paul vs. Seitz, 3 Minn.,297; Gumming vs. Ihe Mayor, &c., 11 Paige, 596; Manice vs. The Mayor, 4 Seld., 120; Wetmore vs. Campbell, 2 Sanf. S. C., 341; 18 N. Y., 442; 19 N. Y., 326. The city charter does not give a right of action against the city for grading done by a…
1Opinion of the Court
By the Court,
Paine, J.
The plaintiff in this action seeks to recover from the City of La Crosse his pay in money, for certain work done by him in grading streets, under a contract *272with the street commissioners. The contract is set ont in the complaint, and expressly provides that the plaintiff was to be paid in the manner prescribed in the' charter of the' city. The charter provides that in all such cases, the party having completed the work, shall be entitled to street commissioners certificates, showing the' amounts chargeable to the proper lots respectively, which amounts should be…
2Cited by5 opinions
- State ex rel. Donnelly v. HobeWisconsin Supreme Court · 1900
- Powell v. City of Ada, Okl.Court of Appeals for the Tenth Circuit · 1932
- State ex rel. Burg v. Milwaukee Medical CollegeWisconsin Supreme Court · 1906
- Aylesworth v. Gratiot CountyU.S. Circuit Court for the District of Eastern Michigan · 1889
- Jenks v. City of RacineWisconsin Supreme Court · 1880