Pier v. City of Fond du Lac
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. The complaint alleges that on the first day of January, 1874, and from thence hitherto, the plaintiffs were and are the owners in fee of a certain lot therein described, situated on the corner of Forest and Macy streets in the defendant city ; that Forest street, between Main street and the east branch of the Fond du Lac river (which includes the portion thereof in front of plaintiffs’ lot and across Macy street adjacent…
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APPEAL from the Circuit Court for Fond du Lac County. The complaint alleges that on the first day of January, 1874, and from thence hitherto, the plaintiffs were and are the owners in fee of a certain lot therein described, situated on the corner of Forest and Macy streets in the defendant city ; that Forest street, between Main street and the east branch of the Fond du Lac river (which includes the portion thereof in front of plaintiffs’ lot and across Macy street adjacent thereto), was graded and paved with a wooden block pavement, by order of the common council and under the supervision of…
1Opinion of the CourtLyoN, J.
1. It is argued bj the learned counsel for the appellant, that, although the complaint may state a cause of action against the other defendants, it states none against the defendant city, and hence that the city is an improper party, and its demurrer to the complaint ought to have been sustained.
If the plaintiffs prevail in the action, the amount unpaid on the certificate of assessment is payable by the ward in which the improvement is located. Sec. 3, ch. 13 of the city charter (P. & L. Laws of 1868, p. 128), authorizes the proper city officers “to construct and build crosswalks at the…
2Cases cited5 opinions
- Church v. City of MilwaukeeWisconsin Supreme Court · 1872
- Moore v. CordWisconsin Supreme Court · 1861
- Blount v. City of JanesvilleWisconsin Supreme Court · 1872
- Maxon v. AyersWisconsin Supreme Court · 1871
- Lee v. SimpsonWisconsin Supreme Court · 1872
3Cited by49 opinions
- Cribbs v. WalkerSupreme Court of Arkansas · 1905
- Smith v. SherryWisconsin Supreme Court · 1882
- Lamasco Realty Co. v. City of MilwaukeeWisconsin Supreme Court · 1942
- State v. Warner Valley Stock Co.Oregon Supreme Court · 1910
- Hayes v. Douglas CountyWisconsin Supreme Court · 1896
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