Legal Opinion

Oshkosh Water Works Co. v. City of Oshkosh

Wisconsin Supreme Court

Decided February 27, 1900PublishedCited by 13 opinions

Appeal from an order of the circuit court for Winnebago •county: Michael Ejrwah, Judge. This is an action to recover for the rental of fire hydrants.

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Appeal from an order of the circuit court for Winnebago •county: Michael Ejrwah, Judge. This is an action to recover for the rental of fire hydrants. The record shows that the plaintiff on the 24th day of September, 1898, filed with the city clerk of the city of Osh.kosh a verified bill claiming the sum of $5,145 for hydrant rental for the quarter ending October 1,1898. On the 30tb of September the city comptroller recommended the allowance of the bill at $1,911.50. Thereafter the finance committee of the common council of the city of Oshkosh recommended the allowance of the bill at the sum…

1Opinion of the CourtWiNslow, J.

The charter of the city of Oshkosh (ch. 59, Laws of 1891) provides: “No action shall be maintained by any person against the city upon any claim or demand until such person shall first have presented his claim or demand to the common council for allowance, and the same shall have been disallowed in whole or in part; provided, that the failure of such common council to pass upon such claim within sixty days after the presentation of such claim shall be deemed to be a disallowance thereof.” Sec. 4, subch. XXI. “ The determination of the common council disallowing in whole or in part any claim…

2Cases cited3 opinions

  1. Telford v. City of AshlandWisconsin Supreme Court · 1898
  2. Drinkwine v. City of Eau ClaireWisconsin Supreme Court · 1892
  3. Bacon v. City of AntigoWisconsin Supreme Court · 1899

3Cited by13 opinions

  1. Bunker v. City of HudsonWisconsin Supreme Court · 1904
  2. Moyer v. City of OshkoshWisconsin Supreme Court · 1913
  3. Morrison v. City of Eau ClaireWisconsin Supreme Court · 1902
  4. Oshkosh Water Works Co. v. City of OshkoshWisconsin Supreme Court · 1901
  5. Read v. City of MadisonWisconsin Supreme Court · 1916

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