Abbot v. City of Milwaukee
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern District of Wisconsin. Bill by Edwin H. Abbot, Jr., against the City of. Milwaukee and others. From a decree dismissing the bill, complainant appeals. This is an appeal from a decree dismissing, for want of equity, a bill to set aside a special assessment levied against plaintiff’s property.
Read the full summary
Appeal from the District Court of the United States for the Eastern District of Wisconsin. Bill by Edwin H. Abbot, Jr., against the City of. Milwaukee and others. From a decree dismissing the bill, complainant appeals. This is an appeal from a decree dismissing, for want of equity, a bill to set aside a special assessment levied against plaintiff’s property. The bill sets out, as alleged grounds of the invalidity of the assessment, the failure to assess damages arising from an alleged change in the street grade; arbitrary action of the commissioner of public works in the determination of the…
1Opinion of the CourtMack, Circuit Judge
(after stating the facts as above). [1] 1. Chapter ¡7, § 8, is entirely inapplicable to this case. The resolution of 1912 did not change the established grades. It expressly directed the paving to be done in accordance with the grade established in 1873. That the roadway was then below the established grade, and had been in that condition at least since 1879, is established by the evidence. But the evidence fails to establish that the work done in 1874 was not properly done; that the roadway was not then graveled up to grade.On the contrary, the only direct evidence is the certificate of the…
2Cases cited3 opinions
- Hoefer v. City of MilwaukeeWisconsin Supreme Court · 1913
- Schmidt v. City of MilwaukeeWisconsin Supreme Court · 1912
- Weise v. City of Green BayWisconsin Supreme Court · 1910
3Cited by2 opinions
- Pursiful v. City of HarlanCourt of Appeals of Kentucky (pre-1976) · 1928
- McDonald v. City of De PereWisconsin Supreme Court · 1959