State ex rel. Tibbits v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from the Circuit Court for MUwmtTcee County.. A writ of certiora/ri was allowed and sued out of the circuit court for Milwaukee county, on the relation of George M..
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APPEAL from the Circuit Court for MUwmtTcee County.. A writ of certiora/ri was allowed and sued out of the circuit court for Milwaukee county, on the relation of George M.. Tibbits, to review and reverse and set aside, for alleged illegality, certain proceedings of the common council of the city of Milwaukee, in opening, widening, and extending: Kane place from Prospect avenue to Summit avenue, in the Eighteenth ward in said city, and confirming the report of damages for property taken for that purpose, and the assessment of benefits upon property alleged to be benefited thereby. The relator…
1Opinion of the CourtPiNNey, J.
Tbe circuit court could not review the proceedings mentioned in tbe writ in this case, for tbe reason that it was not directed to tbe body or board whose acts were sought to be questioned and reviewed by it. By sec. 1, cb. 4, of the city charter of Milwaukee (Laws of 1874, cb. 184), it is provided that “ tbe municipal government of the city shall be vested in tbe mayor and common council,” and the common council is a continuing body (sec. 2, cb. 4, of the charter) and has the control of all its records and papers, while the city clerk has the custody thereof and of the corporate seal and is a…
2Cases cited6 opinions
- Milwaukee Iron Co. v. SchubelWisconsin Supreme Court · 1872
- State ex rel. Flint v. Common Council of Fond du LacWisconsin Supreme Court · 1877
- Ferguson v. JonesNew York Supreme Court · 1834
- Saratoga & Washington Rail Road v. McCoy, Hodgman & WilliamsNew York Supreme Court · 1851
- Bogart v. Mayor, Aldermen & Commonalty of New YorkNew York Supreme Court · 1827
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. City of Augusta v. LosbyWisconsin Supreme Court · 1902
- State Ex Rel. Casper v. Board of Trustees of Wisconsin Retirement FundWisconsin Supreme Court · 1966
- State ex rel. Kulike v. Town Clerk of the LebanonWisconsin Supreme Court · 1907
- State ex rel. Ollinger v. Town of ManitowocWisconsin Supreme Court · 1896
- State ex rel. Bidgood v. Supervisors of CliftonWisconsin Supreme Court · 1902
3 more not listed; retrieve them via the Exa API.