Foreway Express, Inc. v. City of Hilbert

The complaint to which the defendant demurred does not allege that a claim was presented as required by sec. 62.25 (1) (a), Stats. Although this section relates to claims against cities, it is expressly made applicable to villages by sec. 61.51 (4), and we take judicial notice that Hilbert is a village. State of Wisconsin 1966 Blue Book, 620; Milwaukee v. Sewerage Comm. (1954), 268 Wis. 342, 353, 67 N. W. (2d) 624; Smith v. Janesville (1881), 52 Wis. 680, 9 N. W. 789.

In view of the statutory requirement that “no action shall be maintained” until the claimant “shall first present his claim to…