Oshkosh Water Works Co. v. City of Oshkosh
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geoiige W. BueNell, Circuit Judge. This is an appeal by the plaintiff from judgment dismissing its complaint, entered on sustaining a demurrer thereto.
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Appeal from a judgment of the circuit court for Winnebago county: Geoiige W. BueNell, Circuit Judge. This is an appeal by the plaintiff from judgment dismissing its complaint, entered on sustaining a demurrer thereto. The complaint alleged the making of a contract between the plaintiff and the defendant on June 18, 1883, for payment to the plaintiff, quarterly, of a certain sum as compensation for supplying the water to hydrants for fire and other city purposes; the construction of waterworks by the plaintiff, in compliance with that contract, on or before October 1, 1884; and the refusal of…
1Opinion of the CourtDodge, J.
The only assignment of error argued by appellant is that the court erred in holding that the charter of the city of Oshkosh (ch. 59, Laws of 1891) did not, so far as it relates to the contract of June 18, 1883, impair the obligation of the contract. It is contended that said char*210ter does so impair, and therefore Contravenes sec. 12, art. I, of the constitution of Wisconsin, which provides: “No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts shall ever be passed.”
At the time of making the contract of June 18, 1888, the city of Oshlcosh existed and…
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