Van Valkenburgh v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The preliminary facts out of which this action arose were involved in a former case between the same parties, which reached this court, and is reported in 30 Wis., 338. Those facts are there sufficiently stated, and it will only be necessary here to give a brief history of the subsequent proceedings relating to the condemnation of the plaintiff’s lots.
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APPEAL from the County Court of Milwaukee County. The preliminary facts out of which this action arose were involved in a former case between the same parties, which reached this court, and is reported in 30 Wis., 338. Those facts are there sufficiently stated, and it will only be necessary here to give a brief history of the subsequent proceedings relating to the condemnation of the plaintiff’s lots. After the -first judgment was reversed by this court, plaintiff’s appeal from the award of the board of public works was again tried in the circuit court, and resulted in a verdict assessing his…
1Opinion of the CourtLyon, J.
I. We do not think the judgment recovered by the plaintiff in the circuit court on the second trial of his appeal from the appraisement of the board of public works, stands in the way of a recovery by him in this action. The effect of the abandonment by the common council of the condemnation proceedings was, necessarily, to render that judgment inoperative. It is the plain purpose of the statute under which the council acted, that such should be the effect of the abandonment; and we see no reason to doubt the validity of the statute. P. &L. Laws of 1872, ch. 50. Should the plaintiff attempt…
2Cases cited2 opinions
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Van Valkenburgh v. City of MilwaukeeWisconsin Supreme Court · 1872
3Cited by21 opinions
- Grunert v. SpaldingWisconsin Supreme Court · 1899
- Enid & Anadarko Railway Co. v. WileySupreme Court of Oklahoma · 1904
- Feiten v. City of MilwaukeeWisconsin Supreme Court · 1879
- Ford v. Board of Park CommissionersSupreme Court of Iowa · 1910
- Lawrence v. City of MilwaukeeWisconsin Supreme Court · 1878
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