State ex rel. Gray v. Common Council of Oconomowoc
Wisconsin Supreme Court
Appeal from orders of the circuit court for Waukesha county: James J. Dick, Circuit Judge. The relator sought, in the circuit court for Waukesha county, to review the proceedings of the Common Council of the City of Oconomowoc to make contract for sprinkling' of a portion of Summit avenue at the expense of benefited abutting owners.
Read the full summary
Appeal from orders of the circuit court for Waukesha county: James J. Dick, Circuit Judge. The relator sought, in the circuit court for Waukesha county, to review the proceedings of the Common Council of the City of Oconomowoc to make contract for sprinkling' of a portion of Summit avenue at the expense of benefited abutting owners. The charter provides that, “ Whenever a petition is presented to the common council. of said city,, signed by at least a majority of all the taxpayers within the-boundaries set forth in said petition . . . whose aggregate amount of taxable property shall exceed…
1Opinion of the CourtDodge, J.
1. The order denying the relator’s motion to-require amendment of the return to the writ of certiorari is. not appealable. It is neither an order in an action which determines the same and prevents a judgment from which, an appeal may be taken, nor, if in a special proceeding, is it a final order. The appeal from that order must be dismissed.
2. The record contains no order which can be in any wise identified with that described in the notice of appeal as entered December 10th. It is not discoverable from the record that any such order was made, but, whether made or not, the appeal therefrom…
2Cases cited7 opinions
- State ex rel. Starkweather v. Common Council of the City of SuperiorWisconsin Supreme Court · 1895
- State ex rel. Schintgen v. Mayor of La CrosseWisconsin Supreme Court · 1898
- La Londe v. Board of SupervisorsWisconsin Supreme Court · 1891
- In the Matter of KiernanNew York Court of Appeals · 1875
- Nash v. MeggettWisconsin Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
- State ex rel. City of Augusta v. LosbyWisconsin Supreme Court · 1902
- State ex rel. Davis & Starr Lumber Co. v. PorsWisconsin Supreme Court · 1900
- State ex rel. Ellis v. ThorneWisconsin Supreme Court · 1901
- State Ex Rel. Ruthenberg v. Annuity & Pension Board of City of MilwaukeeWisconsin Supreme Court · 1979
14 more not listed; retrieve them via the Exa API.