Parkes v. City of Milwaukee
Wisconsin Supreme Court
Appear from orders of tbe circuit court for Milwaukee county: OrreN T. Williams, Circuit Judge. This is an action in equity, commenced February 20, 1911, to cancel a special assessment certificate for $341.39, issued by the officers of the defendant city against the plaintiffs’ real' estate for the macadamizing of a street in front of said real estate.
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Appear from orders of tbe circuit court for Milwaukee county: OrreN T. Williams, Circuit Judge. This is an action in equity, commenced February 20, 1911, to cancel a special assessment certificate for $341.39, issued by the officers of the defendant city against the plaintiffs’ real' estate for the macadamizing of a street in front of said real estate. The complaint alleges that the common council determined to macadamize the roadway, construct a cement curb and gutter and a cement sidewalk, and that an assessment was afterwards made against the plaintiffs’ property of $375, as benefits for…
1Opinion of the CourtWinslow, C. J.
The language of the complaint must he construed as meaning that the work of macadamizing the roadway had been completed according to the contract, but that the work of building sidewalks and gutters was not completed at the time the certificate in question was issued. This being the case, only two questions arise upon the demurrer: (1) Does the law require that the entire work for which the original assessment of benefits was made be let in one contract ? and (2) If two contracts be made, each covering a separate part of the whole work, can a certificate be legally issued to one contractor…
2Cases cited3 opinions
- Hixon v. Oneida CountyWisconsin Supreme Court · 1892
- Wright v. ForrestalWisconsin Supreme Court · 1886
- Philleo v. HilesWisconsin Supreme Court · 1877
3Cited by4 opinions
- Service Investment Co. v. DorstWisconsin Supreme Court · 1939
- Barker Lumber Co. v. Village of Genoa CityWisconsin Supreme Court · 1956
- Highlander Co. v. City of DodgevilleWisconsin Supreme Court · 1946
- Krom v. City of AntigoWisconsin Supreme Court · 1936