Legal Opinion

City of Watertown v. Robinson

Wisconsin Supreme Court

Decided September 20, 1887PublishedCited by 10 opinions

ERROR to the Circuit Oourt for Jefferson County. • The case is sufficiently stated in the opinion. They .argued that the court acquired no jurisdiction of the city for want of service of the summons upon the mayor. The facts that there was no mayor, or other officer filling his place, and that the chairman of the board of street commissioners exercised some of the functions of the mayor, did not make service on him sufficient.

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ERROR to the Circuit Oourt for Jefferson County. • The case is sufficiently stated in the opinion. They .argued that the court acquired no jurisdiction of the city for want of service of the summons upon the mayor. The facts that there was no mayor, or other officer filling his place, and that the chairman of the board of street commissioners exercised some of the functions of the mayor, did not make service on him sufficient. To these points they cited cases commented upon by the court and numerous others. contended that, under the city charter and its amendments, the board of street…

1Opinion of the CourtOutoN, J.

The defendant in error was injured by the falling of a derrick used in the building of a bridge within the city of Watertown, by the negligence of its officers, agents, or employees. The action is brought against the said city, together with the several members of the board of street commissioners thereof, and service was had upon all *232but one of said commissioners. The only pretended service upon the city, as a municipal corporation, was by delivering a copy of the summons and complaint to, and leaving the same with, one Ulrich Habhegger, chairman of said board of street commissioners, while…

2Cases cited18 opinions

  1. Rees v. City of WatertownSupreme Court of the United States · 1874
  2. Chambers Bros. & Co. v. King Wrought-Iron Bridge ManufactorySupreme Court of Kansas · 1876
  3. State ex rel. Crawford v. HastingsWisconsin Supreme Court · 1860
  4. Alexandria v. FairfaxSupreme Court of the United States · 1878
  5. Weil v. Greene CountySupreme Court of Missouri · 1878

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3Cited by10 opinions

  1. Trapp, State Auditor v. Cook Const. Co.Supreme Court of Oklahoma · 1909
  2. Fitzsimmons v. International Assn. of MacHinistsSupreme Court of Connecticut · 1939
  3. King v. Board of Regents of the University of NevadaNevada Supreme Court · 1948
  4. Oklahoma Fire Ins. Co. v. Barber Asphalt Paving Co.Supreme Court of Oklahoma · 1912
  5. Lonkey v. Keyes Silver Mining Co.Nevada Supreme Court · 1892

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