State ex rel. Hartung v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge. The relator is chairman of the board of supervisors of the town of Wauwatosa, and a member of the board of health of said town.
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge. The relator is chairman of the board of supervisors of the town of Wauwatosa, and a member of the board of health of said town. Before bringing this action, he applied to the attorney general, requesting him to bring suit in the name of the state, in the circuit court for Milwaukee county, to enjoin the city of MilwaMJeee from depositing its garbage on' lands in the town of Wauwatosa. ' The attorney general denied the request, whereupon the relator, upon notice to the attorney general, applied to…
1Opinion of the CourtWinslow, J.
This is avowedly an action in equity to perpetually enjoin the continuance of an alleged public nuisance. The relator, Hartung, does not claim that be has suffered any “private or special injury peculiar to himself,” but explicitly states that the nuisance is a public one, and that be claims the right to maintain this action on behalf of the state, *512in tbe name of the attorney general; and the first question in the case is whether such an action can be maintained.
The remedies in equity by way of injunction in case of a public nuisance were well understood at common law, and were twofold, viz.:…
2Cases cited8 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
- State ex rel. Lamb v. CunninghamWisconsin Supreme Court · 1892
- The People v. . VanderbiltNew York Court of Appeals · 1863
- Hunt v. Chicago Horse & Dummy Railway Co.Illinois Supreme Court · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- In re HeilWisconsin Supreme Court · 1939
- In re Exercise of Original Jurisdiction of Supreme CourtWisconsin Supreme Court · 1930
- State v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1979
- Charnley v. Shawano Water Power & River Improvement Co.Wisconsin Supreme Court · 1901
7 more not listed; retrieve them via the Exa API.