State ex rel. Schintgen v. Mayor of La Crosse
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: O. B. WyhaN, Circuit Judge. The case sufficiently appears in the opinion. argued, among other things, that the relator not showing that he has been injured by any defect in the proceedings, the assessment would not be set aside on certiorari at his instance. State ex- rel. Smith v. Cooper, 59 Wis. 666; State ex rel.
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Appeal from a judgment of the circuit court for La Crosse county: O. B. WyhaN, Circuit Judge. The case sufficiently appears in the opinion. argued, among other things, that the relator not showing that he has been injured by any defect in the proceedings, the assessment would not be set aside on certiorari at his instance. State ex- rel. Smith v. Cooper, 59 Wis. 666; State ex rel. Mtmitowoo v. County Clerk of Manito-woc Co. 59 id. 15; RuÜa/nd v. Gomm’rs of Worcester Co. 20 Pick. 79, 80. By delay in suing out his writ the relator must be deemed to have waived any such defects. Kimball v.…
1Opinion of the CourtWiNslow, J.
This was an action of certiorari brought by the relator against the mayor and common council, board of public works, city clerk, and treasurer of the city of La Crosse, for the purpose of annulling and setting aside certain proceedings for the laying of sewers upon certain streets in the *210city of La Crosse, which had resulted in the levying of special assessments against certain lots owned by the relator, amounting to nearly $300. Upon the return the circuit court held that the special assessment was void, and set the proceedings aside, and from this judgment the city officers have appealed.
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2Cases cited11 opinions
- Galliher v. CadwellSupreme Court of the United States · 1892
- Penn Mutual Life Insurance v. AustinSupreme Court of the United States · 1898
- Trustees of Schools of Town 21 N., Range 5 W. v. School Directors of Union DistrictIllinois Supreme Court · 1878
- In re LantisMichigan Supreme Court · 1861
- Knapp v. HellerWisconsin Supreme Court · 1873
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3Cited by36 opinions
- Lamasco Realty Co. v. City of MilwaukeeWisconsin Supreme Court · 1942
- State ex rel. Heller v. LawlerWisconsin Supreme Court · 1899
- Balch v. BeachWisconsin Supreme Court · 1903
- City of Bartlesville v. HolmSupreme Court of Oklahoma · 1914
- O'Rear v. SartainSupreme Court of Alabama · 1915
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