Flieth v. City of Wausau
Wisconsin Supreme Court
Appeal from an order of the circuit court for Marathon county: Chas. M. Webb, Judge. This action is for the recovery of the amount of an alleged illegal tax paid to the defendant city by plaintiff under protest. The complaint does not state that any claim was presented to the common council for consideration before suit brought; otherwise it is conceded that it states a good cause of action.
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Appeal from an order of the circuit court for Marathon county: Chas. M. Webb, Judge. This action is for the recovery of the amount of an alleged illegal tax paid to the defendant city by plaintiff under protest. The complaint does not state that any claim was presented to the common council for consideration before suit brought; otherwise it is conceded that it states a good cause of action. Defendant demurred to the complaint upon the ground, among others, that it fails to state facts sufficient to constitute a cause of action. The demurrer was sustained, and plaintiff appealed.
1Opinion of the CourtMaeshall, J.
Sec. 47 of the city charter of the defendant [Laws of 1883, ch. 151] contains the usual provision that no action shall be maintained by any person against the city upon any claim or demand, other than a city bond or order, unless such person shall have first presented his claim to the common council of said city, etc. It also provides (sec. 161) that no action in tort shall lie or be maintained against the city unless a statement in writing, signed by the person injured or claiming to be injured, of the wrong and the circumstances thereof, and the amount of damages claimed, shall be presented…
2Cases cited10 opinions
- Sheel v. City of AppletonWisconsin Supreme Court · 1880
- Kelley v. City of MadisonWisconsin Supreme Court · 1878
- Stringham v. Board of SupervisorsWisconsin Supreme Court · 1869
- Jung v. City of Stevens PointWisconsin Supreme Court · 1889
- Wentworth v. Town of SummitWisconsin Supreme Court · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Daniels v. City of RacineWisconsin Supreme Court · 1898
- O'Donnell v. City of New LondonWisconsin Supreme Court · 1902
- Conrad v. Town of EllingtonWisconsin Supreme Court · 1899
- J. F. Rappel Co. v. City of ManitowocWisconsin Supreme Court · 1923
1 more not listed; retrieve them via the Exa API.