Meinzer v. City of Racine
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hacine County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an appeal from an order overruling a demurrer to the amended complaint, alleging, in effect, that ever since 1883 the plaintiff has been and still is the owner of the land described; tlqat during said time there has been and now is a public street used as such, known as Twelfth street, in said city, passing and located along the northerly side of…
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APPEAL from the Circuit Court for Hacine County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an appeal from an order overruling a demurrer to the amended complaint, alleging, in effect, that ever since 1883 the plaintiff has been and still is the owner of the land described; tlqat during said time there has been and now is a public street used as such, known as Twelfth street, in said city, passing and located along the northerly side of said premises and affording the only convenient means of access to said premises; that during said time there has been…
1Opinion of the CourtCassodat, J.
The common council of the city bad the power, when properly invoked, to open, widen, straighten, and vacate streets and alleys and establish and alter the grades thereof.” Charter, subd. 32, sec. 3, tit. IY, ch. 313, Laws of 1876, p. 733. There is no claim, and the complaint negatives any ground for claiming, that the alleged improvement was the taking of the plaintiff’s private property,— the land in question,— for a public street by any proceedings for condemnation as prescribed by the charter. Secs. 1-24, tit. Y. The common council may cause any street to be graded, paved, macadamized, or…
2Cases cited6 opinions
- Fertilizing Co. v. Hyde ParkSupreme Court of the United States · 1878
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Thompson v. . SchermerhornNew York Court of Appeals · 1851
- State ex rel. Priest v. Regents of the UniversityWisconsin Supreme Court · 1882
- Dore v. City of MilwaukeeWisconsin Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
- Bell v. City of PlattevilleWisconsin Supreme Court · 1888
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Kilvington v. City of SuperiorWisconsin Supreme Court · 1892
6 more not listed; retrieve them via the Exa API.