Legal Opinion

Lawton v. City of Racine

Wisconsin Supreme Court

Decided January 26, 1909PublishedCited by 11 opinions

Appeal from a judgment of tbe municipal court of Racine county: Wm. SmubdiNG, Je., Judge. This action was brought against tbe defendant city of Racine and its officers to restrain tbe issue of bonds based upon a special assessment levied for tbe paving of Center street from Sixth street to De Noven avenue in said city.

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Appeal from a judgment of tbe municipal court of Racine county: Wm. SmubdiNG, Je., Judge. This action was brought against tbe defendant city of Racine and its officers to restrain tbe issue of bonds based upon a special assessment levied for tbe paving of Center street from Sixth street to De Noven avenue in said city. In tbe spring of 1906 tbe common council took action to pave said street and tbe board of public works was directed by tbe council to view tbe street and make estimates as to cost, benefits, and damages which, would accrue to each parcel of real estate and tbe total amount of…

1Opinion of the CourtKeRWIN, J.

Counsel for appellant contends that the petition presented to the common council was not signed by a majority of the frontage and therefore the council was without jurisdiction to make any assessment. The court below made no finding upon this question, and it is not very clear from the record whether the petition had a majority of the owners or not. Counsel for appellant claims it had not and counsel for respondent that it had, the dispute arising mainly upon ratification and authority of signers who assumed to sign for others. We shall not undertake to decide the question, as we do not…

2Cases cited19 opinions

  1. Mills v. CharletonWisconsin Supreme Court · 1872
  2. Krekeler v. . RitterNew York Court of Appeals · 1875
  3. Dietz v. City of NeenahWisconsin Supreme Court · 1895
  4. Mills v. GleasonWisconsin Supreme Court · 1860
  5. Warden v. Board of SupervisorsWisconsin Supreme Court · 1861

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3Cited by11 opinions

  1. Lamasco Realty Co. v. City of MilwaukeeWisconsin Supreme Court · 1942
  2. Schneck v. Mutual Service Casualty InsuranceWisconsin Supreme Court · 1963
  3. Bechthold v. City of WauwatosaWisconsin Supreme Court · 1938
  4. George J. Meyer Manufacturing Co. v. Howard Brass & Copper Co.Wisconsin Supreme Court · 1945
  5. Birmingham Sch. Dist. v. Sch. Dist.Michigan Supreme Court · 1947

6 more not listed; retrieve them via the Exa API.

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