Herman v. City of Oconto
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Brown county: S. D. HastiNGS, Je., Circuit Judge. They argued, among other things, that tbe requirements of sec. 72, cb. 312, Laws of 1893, are merely directory and cannot affect tbe validity of tbe ordinance. Stevenson v. Bay Oity, 28 Mich. 44; State ex rel.
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Appeal from a judgment of tbe circuit court for Brown county: S. D. HastiNGS, Je., Circuit Judge. They argued, among other things, that tbe requirements of sec. 72, cb. 312, Laws of 1893, are merely directory and cannot affect tbe validity of tbe ordinance. Stevenson v. Bay Oity, 28 Mich. 44; State ex rel. DaT/rymyle v. Milwcmltee Oo. 58 Wis. 4; Comm. v. Davis, 140 Mass. 485; JElmenclorf v. New Yorlc, 25 Wend. 693. The right was con-ferrecl on the city to adopt it; the essential element was the adoption of the ordinance, and not the giving of the notice. Striker v. Kelly, 7 Hill, 9. Having…
1Opinion of the CourtCassoday, C. J.
This is an action to recover $17,323.01 for the construction of a sewer for the defendant as per written contract. The contract was made and entered into October 22, 1894, between the defendant and one William Turner, to the effect that Turner thereby agreed to furnish and provide, at his own proper cost and expense, all the necessary materials and labor in conformity with the annexed specifications and plans, and construct the sewers and appurtenances therein mentioned, and complete the work to the satisfaction of the board of public works and the engineer in charge and in accordance with…
2Cases cited14 opinions
- Chippewa Valley & Superior Railway Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1889
- Redmon v. Phœnix Fire InsuranceWisconsin Supreme Court · 1881
- Young v. LynchWisconsin Supreme Court · 1886
- Houlton v. NicholWisconsin Supreme Court · 1896
- Landauer v. VietorWisconsin Supreme Court · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Pan American Petroleum & Transport Co. v. United StatesSupreme Court of the United States · 1927
- Adams v. City of BeloitWisconsin Supreme Court · 1900
- State ex rel. Elliott v. KellyWisconsin Supreme Court · 1913
- Town of Wilson v. City of SheboyganWisconsin Supreme Court · 1939
- Edelbeck v. Town of TheresaWisconsin Supreme Court · 1973
6 more not listed; retrieve them via the Exa API.