Shirley v. City of Waukesha
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Wauke-sha county: Jakes J. Dice:, Circuit Judge., At tbe times mentioned in tbe complaint defendant was a municipal corporation organized and existing under tbe general city charter law of tbe state of Wisconsin, and plaintiff was tbe owner of tbe south fifty-three feet of lot 6, block 6, Cutler’s addition to tbo city of Waufcesha.
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Appeal from a judgment of tbe circuit court for Wauke-sha county: Jakes J. Dice:, Circuit Judge., At tbe times mentioned in tbe complaint defendant was a municipal corporation organized and existing under tbe general city charter law of tbe state of Wisconsin, and plaintiff was tbe owner of tbe south fifty-three feet of lot 6, block 6, Cutler’s addition to tbo city of Waufcesha. In May, 1900, tbe common council of defendant by resolution duly authorized tbe grading and paving of West avenue in said city, upon which avenue plaintiff’s lot abuts. Tbe board of public works, pursuant to said…
1Opinion of the CourtEebwxn, J.
Upon the undisputed evidence in this case the payment of assessment against plaintiff’s property must be regarded as a voluntary payment with full knowledge of the facts upon which such assessment was made. It appears that the board of public works proceeded under the charter to make the improvement in question by authority of the com,mon council, and filed its report as required by law, which showed assessment of benefits against plaintiff’s property. Subsequent proceedings were had in accordance with the charter, and notice duly given to all parties interested of the meeting of the board to…
2Cases cited7 opinions
- Little v. BowersSupreme Court of the United States · 1890
- Railroad Co. v. CommissionersSupreme Court of the United States · 1879
- Custin v. City of ViroquaWisconsin Supreme Court · 1886
- Powell v. Board of SupervisorsWisconsin Supreme Court · 1879
- Babcock v. City of Fond du LacWisconsin Supreme Court · 1883
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3Cited by2 opinions
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
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