Legal Opinion

Meggett v. City of Eau Claire

Wisconsin Supreme Court

Decided February 23, 1892PublishedCited by 19 opinions

APPEAL from tbe Circuit Court for Eau Claire County. This action was commenced April 5,1890, to restrain tbe collection of an assessment for tbe construction of a sewer and pavement on tbe street in front of tbe plaintiff’s lots, and to set aside tbe same as null and void.

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APPEAL from tbe Circuit Court for Eau Claire County. This action was commenced April 5,1890, to restrain tbe collection of an assessment for tbe construction of a sewer and pavement on tbe street in front of tbe plaintiff’s lots, and to set aside tbe same as null and void. Tbe complaint alleges, in effect, that tbe plaintiff is tbe owner of two lots described in tbe city, fronting on South Barstow street a distance of 105^-feet; that, on or about June 26, 1889, at a regular meeting of tbe council, a resolution was introduced authorizing tbe construction of a sewer in a section of said street…

1Opinion of the CourtCassoday, J.

This is a bill in equity to set aside a special assessment to pay for the construction of a sewer and a pavement on the street running in front of the plaintiff’s lots, and to restrain the collection thereof, on the grounds mentioned in the foregoing statement. To state facts sufficient to constitute a cause of action for such equitable relief, it is not enough for the complaint to allege in direct terms the inequality and injustice of such assessment, but it must also allege facts showing such inequality and injustice or going to the groundwork of the assessment. Pratt v. Lincoln Co. 61 Wis.…

2Cases cited16 opinions

  1. Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
  2. Spencer v. MerchantSupreme Court of the United States · 1888
  3. Palmer v. McMahonSupreme Court of the United States · 1890
  4. Lent v. TillsonSupreme Court of the United States · 1891
  5. Cincinnati, New Orleans & Texas Pacific Railroad v. CommonwealthSupreme Court of the United States · 1885

11 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. City of Fort Myers v. State of FloridaSupreme Court of Florida · 1928
  2. Dietz v. City of NeenahWisconsin Supreme Court · 1895
  3. City of Fort Myers v. StateSupreme Court of Florida · 1928
  4. Hennessy v. Douglas CountyWisconsin Supreme Court · 1898
  5. Lamasco Realty Co. v. City of MilwaukeeWisconsin Supreme Court · 1942

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