Seegar v. City of Ashland
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: A. J. YiNje, Circuit Judge. The plaintiff on August 16, 1894, filed with the city clerk of Ashland claim for injury at the hands of a mob on one of the streets in said city. No action XAras taken upon said claim until October 23, 1894, when the council voted to disallow it.
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Appeal from a judgment of the circuit court for Douglas county: A. J. YiNje, Circuit Judge. The plaintiff on August 16, 1894, filed with the city clerk of Ashland claim for injury at the hands of a mob on one of the streets in said city. No action XAras taken upon said claim until October 23, 1894, when the council voted to disallow it. On November 10th the plaintiff gave notice of appeal, accompanied by an undertaking, filed co|3ies thereof in the circuit court for Ashland county, and thereafter filed complaint in due form, to which the defendant ansAvered a general denial, without raising…
1Opinion of the Court
Dod&e, J.
That an appeal within twenty days after the disallowance of a claim against the city of Ashland is a jurisdictional requirement, and that a failure to so appeal is not waived by pleading to the merits, as would be a statute of limitations, is settled and needs no further argument. Telford v. Ashland, 100 Wis. 238.
The question presented here is whether the present appeal is Avithin that statutory limit. It was taken more than twenty days after the expiration of sixty days from the filing of the *517claim witb the common council, but less than twenty days after a later express vote of…
2Cases cited5 opinions
- Mason v. City of AshlandWisconsin Supreme Court · 1898
- Telford v. City of AshlandWisconsin Supreme Court · 1898
- Watson v. City of AppletonWisconsin Supreme Court · 1885
- Gutta Percha & Rubber Manufacturing Co. v. City of AshlandWisconsin Supreme Court · 1898
- Fleming v. City of AppletonWisconsin Supreme Court · 1882
3Cited by10 opinions
- Hay v. City of BarabooWisconsin Supreme Court · 1906
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Morrison v. City of Eau ClaireWisconsin Supreme Court · 1902
- Oshkosh Water Works Co. v. City of OshkoshWisconsin Supreme Court · 1901
- Read v. City of MadisonWisconsin Supreme Court · 1916
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