Kneeland v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. This action was brought by tbe plaintiff as tbe owner of certain lots in tbe city of Milwaukee,' to baye certain street com-' missioners’ certificates of' work done in constructing a sewer in front of bis lots under a contract between the city and tbe defendant Burnham, and also certain special taxes assessed upon tbe lots for tbe amounts named in said certificates, declared void, and to restraiñ tbe sale of the lots for…
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APPEAL from tbe Circuit Court for Milwaukee County. This action was brought by tbe plaintiff as tbe owner of certain lots in tbe city of Milwaukee,' to baye certain street com-' missioners’ certificates of' work done in constructing a sewer in front of bis lots under a contract between the city and tbe defendant Burnham, and also certain special taxes assessed upon tbe lots for tbe amounts named in said certificates, declared void, and to restraiñ tbe sale of the lots for such taxes. Tbe complaint alleges, inter alia, that no plans for tbe sewer proposed to be constructed under said contract…
1Opinion of the Court
By the Court,
DixoN, C. J.
It is a conceded fact that no plan or plans for the sewer were ever made, and none ever filed in the office of the city comptroller. The specifications filed in the office of the comptroller did not show the grade, but referred to it as shown by a plan in the office of the city surveyor. The man holes were wholly omitted from the specifications, except that they were to be made opposite the alleys in the blocks between certain streets, and for the remaining portion at such places as the street commissioners should di*417rect, at distances of not less than 400 feet. Their…
2Cases cited2 opinions
- Atkins v. KinnanNew York Supreme Court · 1838
- Myrick v. City of La CrosseWisconsin Supreme Court · 1863
3Cited by17 opinions
- Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
- Coggeshall v. City of Des MoinesSupreme Court of Iowa · 1889
- Ricketson v. City of MilwaukeeWisconsin Supreme Court · 1900
- Firemen's Fund Insurance v. SchreiberWisconsin Supreme Court · 1912
- Woodruff v. BerrySupreme Court of Arkansas · 1882
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