Smith v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. This was an action to recover from tbe City of Milwaukee tbe amount of an assessment made upon a lot in said city for work done in filling tbe same under contract with tbe city. Tbe circuit court refused to receive any evidence under tbe complaint, and dismissed tbe same upon tbe defendant’s motion, on tbe ground that it did not state a cause of action.
Read the full summary
APPEAL from tbe Circuit Court for Milwaukee County. This was an action to recover from tbe City of Milwaukee tbe amount of an assessment made upon a lot in said city for work done in filling tbe same under contract with tbe city. Tbe circuit court refused to receive any evidence under tbe complaint, and dismissed tbe same upon tbe defendant’s motion, on tbe ground that it did not state a cause of action. The facts alleged in tbe complaint, and relied on as a cause of action, will sufficiently appear from the opinion of this court. Butler, Buttrick & Cottrell, for appellant, contended, 1. That…
1Opinion of the Court
By the Oourt,
Paine, J.
In the case of Weeks v. Milwaukee, 10 Wis., 242, this court decided that where the city .had, by negligently and unskillfully constructing a street, created a nuisance upon the plaintiff’s lot, the plaintiff was entitled to an injunction to prevent the city from selling the lot for the assessment imposed on it for abating such nuisance. The plaintiff in this case, the assignee of several contractors, averring that they had done work upon lots in abating nuisances under regular contracts with the proper officers, by which they were to be paid in street commissioners’…
2Cases cited1 opinion
- Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
3Cited by5 opinions
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- Hogan v. City of BeloitWisconsin Supreme Court · 1921
- Brock v. HishenWisconsin Supreme Court · 1876
- Watkins v. City of MilwaukeeWisconsin Supreme Court · 1882
- Milwaukee-Western Fuel Co. v. City of MilwaukeeWisconsin Supreme Court · 1913