Watkins v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This is an appeal from an order overruling a demurrer to •■a complaint alleging, in effect, that the city was a municipal ■corporation, and that the defendant Geilfuss was its treasurer ; that the plaintiffs were,, and for more than ten years last past had been, the owners in fee of lot No. 9, in question, and that the same was joined on the south by lot No. 16, in question, and that said lots faced and) abutted on Seventh…
Read the full summary
APPEAL from the Circuit Court for Milwaukee County. This is an appeal from an order overruling a demurrer to •■a complaint alleging, in effect, that the city was a municipal ■corporation, and that the defendant Geilfuss was its treasurer ; that the plaintiffs were,, and for more than ten years last past had been, the owners in fee of lot No. 9, in question, and that the same was joined on the south by lot No. 16, in question, and that said lots faced and) abutted on Seventh street, between Chestnut and Prairie streets, in the •city; that on July 1Í, 1853, the common council passed an…
1Opinion of the CourtCassoday, J.
This court has already held, on demurrer, that the assessment against the lots for the cost and expense of raising the street to the changed and altered grade, and the sale of the lots for the same, and the certificates of sale issued thereon, were null and void. Watkins v. Milwaukee, 52 Wis., 98. It is now claimed that the city, by raising, the streets to the new grade, and failing to build proper sewers therein, turned the water in and left it standing upon the lots, and the same became stagnant and a nuisance, and hence that the city cannot legally assess the lots for the cost and expense…
2Cases cited4 opinions
- Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
- Harrison v. Board of Supervisors of Milwaukee CountyWisconsin Supreme Court · 1881
- Watkins v. City of MilwaukeeWisconsin Supreme Court · 1881
- Smith v. City of MilwaukeeWisconsin Supreme Court · 1864
3Cited by1 opinion
- Colclough v. City of MilwaukeeWisconsin Supreme Court · 1896