State ex rel. Gericke v. Mayor of Ahnapee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kewaunee county: N. S. Gilson, Circuit Judge. The facts of the case are stated in the opinion. Among other things, they argued that the grant of power to the city officials to keep the bridge in repair is for the public benefit, and its execution may be insisted on as a public duty. It is not discretionary. BuswelL, Personal In j. § 171; People ex rel. Burlce v. Bloomington, 63 Ill. 207; Lewis, Em.
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Appeal from a judgment of the circuit court for Kewaunee county: N. S. Gilson, Circuit Judge. The facts of the case are stated in the opinion. Among other things, they argued that the grant of power to the city officials to keep the bridge in repair is for the public benefit, and its execution may be insisted on as a public duty. It is not discretionary. BuswelL, Personal In j. § 171; People ex rel. Burlce v. Bloomington, 63 Ill. 207; Lewis, Em. Dom. § 167; Att’y Gen. v. Bay Co. Bridge Comm’rs, 73 N. W. Rep. 901; Comm’rs of Highways v. People ex rel. 69.111. App. 326; Dill. Mun. Corp. §§ 98,…
1Opinion of the CourtCassoday, C. J.
This is a proceeding by mandamus, corn-in'-need in September, 1896, to compel the defendants to repair a bridge across the Ahnapee river, within the city. The relation alleges, in effect, the want of repair; the necessity for the bridge; the injury to the relator and others in allowing it to remain out of repair; that it would cost less than $300 to repair the same, and that there was a sufficient amount of money, not otherwise appropriated, in the city treasury, to pay for the necessary repairs of the bridge; and that the defendants had refused, and still refuse, to repair the same, or cause…
2Cases cited7 opinions
- State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
- United States Ex Rel. Redfield v. WindomSupreme Court of the United States · 1891
- United States Ex Rel. Boynton v. BlaineSupreme Court of the United States · 1891
- State ex rel. Comstock v. Joint School District No. 1 of ArcadiaWisconsin Supreme Court · 1886
- State ex rel. Wolff v. Board of SupervisorsWisconsin Supreme Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State ex rel. Wagner v. DahlWisconsin Supreme Court · 1909
- Silgen v. City of Fond du LacWisconsin Supreme Court · 1937
- State Ex Rel. Cabott, Inc. v. WojcikWisconsin Supreme Court · 1970
- State ex rel. Davern v. RoseWisconsin Supreme Court · 1909
- Powell v. Township of CarlosSupreme Court of Minnesota · 1929
5 more not listed; retrieve them via the Exa API.