Allen v. City of Janesville
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. Action to recover for certain work alleged to have been done by the plaintiff for the defendant, The City of Janesville, in the improvement of North Main Street, one of the public streets in the second ward of that city.
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APPEAL from the Circuit Court for Rock County. Action to recover for certain work alleged to have been done by the plaintiff for the defendant, The City of Janesville, in the improvement of North Main Street, one of the public streets in the second ward of that city. The complaint states that on the 13th day of October, 1870, a recommendation in writing, signed by more than a majority of the resident owners of property bounded by North Main Street, was presented to the common council of said city, recommending and asking the council to “ cause to be macadamized that part of said street lying…
1Opinion of the CourtLyoN, J.
It is argued on behalf of the defendant by the learned city attorney, 1. That the power of the common council of the city of Janesville to repair and improve the public streets in that city, is entirely a statutory power; and 2. That if the council enter into a contract unauthorized by the statute to make such repairs or improvement, the city cannot in any case be bound thereby. We might hesitate to concede, to the extent claimed, the correctness of either of these propositions, at least without further investigation; but for the purposes of this case the concession may safely be made.
Waiving,…
2Cases cited3 opinions
- Maher v. City of ChicagoIllinois Supreme Court · 1865
- Sleeper v. Bullen & DustinSupreme Court of Kansas · 1870
- Swift v. City of WilliamsburghNew York Supreme Court · 1857
3Cited by6 opinions
- German-American Savings Bank v. City of SpokaneWashington Supreme Court · 1897
- Pine Tree Lumber Co. v. City of FargoNorth Dakota Supreme Court · 1903
- Hall v. City of Chippewa FallsWisconsin Supreme Court · 1879
- Bruning v. City of New OrleansSupreme Court of Louisiana · 1908
- Roter v. City of SuperiorWisconsin Supreme Court · 1902
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