Van Frachen v. City of Fort Howard
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. This is an action to recover for personal injuries to the plaintiff caused by a defective sidewalk in the defendant city.
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APPEAL from the Circuit Court for Brown County. This is an action to recover for personal injuries to the plaintiff caused by a defective sidewalk in the defendant city. In the notice to the city of the accident, the place of the accident was described as being on the east side of Chestnut street, “ between Dousman and Hubbard streets, and opposite the property owned by Platten Bros., and about twenty-one feet from the north corner of the barn occupied by said Platten Bros.”; and the defect claimed was described as “ an unsound, defective, and dangerous condition.” There was some controversy…
1Opinion of the CourtNewmaN, J.
In limine is the objection that the circuit court had no jurisdiction to try the case. It is claimed that there was no authority of law to bring the case into the circuit court by an appeal from the action of the common council. Ordinarily, an action for such a cause must be brought in the ordinary way, — -by the service of a summons and complaint,— in order that the court may obtain jurisdiction to try it. In an ordinary case this is necessary in order to give the court jurisdiction either of the parties or of the subject matter. But it is competent for the legislature to provide for…
2Cases cited5 opinions
- Harrington v. SmithWisconsin Supreme Court · 1871
- Kelley v. City of MadisonWisconsin Supreme Court · 1878
- Bradley v. City of Eau ClaireWisconsin Supreme Court · 1882
- Koch v. City of AshlandWisconsin Supreme Court · 1892
- Vogel v. City of AntigoWisconsin Supreme Court · 1892
3Cited by8 opinions
- Houtz v. Board of CommissionersWyoming Supreme Court · 1902
- Williams v. City of JacksonvilleSupreme Court of Florida · 1935
- Pulitzer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- O'Donnell v. City of New LondonWisconsin Supreme Court · 1902
- Morgan v. City of RhinelanderWisconsin Supreme Court · 1899
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