Cawker v. Central Bitulithic Paving Co.
Wisconsin Supreme Court
Appeals from orders of the circuit court for Milwaukee ■county: AVabeen D. Tabbant, Circuit Judge. This is an action in equity by the plaintiffs as general taxpayers in the Sixteenth ward of the city of Milwaukee against the city, its comptroller, treasurer, and board of public works, and the Central Bitulithic Paving Company to declare void a certain alleged contract made by the city with said paving company for laying a patented pavement upon a portion of Clybourn street,…
Read the full summary
Appeals from orders of the circuit court for Milwaukee ■county: AVabeen D. Tabbant, Circuit Judge. This is an action in equity by the plaintiffs as general taxpayers in the Sixteenth ward of the city of Milwaukee against the city, its comptroller, treasurer, and board of public works, and the Central Bitulithic Paving Company to declare void a certain alleged contract made by the city with said paving company for laying a patented pavement upon a portion of Clybourn street, and enjoin the city from paying for any portion of such pavement out of city funds. The complaint alleged the same…
1Opinion of the Court
. WiNslow, T.
1. The discussion of the general principles involved in actions of this nature which is contained in the opinion in the companion case brought by these same plaintiffs involving the contract for paving Wisconsin street renders-unnecessary any further remarks on that subject here, and demonstrates that the plaintiffs were entitled to an order-pendente Hie restraining the paying out of city funds in discharge of the void contract. The plaintiffs, however, as general taxpayers, had no interest in the question of the validity of the special assessments, and were not entitled to any…
2Cases cited6 opinions
- Mills v. CharletonWisconsin Supreme Court · 1872
- Kollock v. ScribnerWisconsin Supreme Court · 1897
- May v. HoldridgeWisconsin Supreme Court · 1868
- Plunkett v. DillonCourt of Chancery of Delaware · 1871
- Downing v. ReevesSupreme Court of Kansas · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cawker v. Central Bitulithic Paving Co.Wisconsin Supreme Court · 1909
- A. H. Stange Co. v. City of MerrillWisconsin Supreme Court · 1908
- Olson v. City of WatertownSouth Dakota Supreme Court · 1930
- State ex rel. Neacy v. City of MilwaukeeWisconsin Supreme Court · 1912
- State ex rel. Green Bay Gas & Electric Co. v. Minahan Building Co.Wisconsin Supreme Court · 1910