Legal Opinion

Wagner v. Milwaukee County

Wisconsin Supreme Court

Decided January 7, 1902PublishedCited by 21 opinions

Appeal from an order of the superior court of Milwaukee county: J. 0. Ludwig, Judge. They contended, inter alia, that ch. 310, Laws of 1899, is a general law as distinguished from a private or local law. It is prospective. It provides that any county may, at any time, take advantage of the act under certain conditions, and these conditions are properly imposed and are within the lawful exercise of the discretion of the legislature.

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Appeal from an order of the superior court of Milwaukee county: J. 0. Ludwig, Judge. They contended, inter alia, that ch. 310, Laws of 1899, is a general law as distinguished from a private or local law. It is prospective. It provides that any county may, at any time, take advantage of the act under certain conditions, and these conditions are properly imposed and are within the lawful exercise of the discretion of the legislature. Johnson v. Milwaukee, 88 Wis. 383; 15 Am. & Eng. Ency. of Law (1st ed.), 918; 23 id. 148; Bumsted v. Govern, 47 N. J. Law, 368; Comm. v. Blackley (Pa.), 52 L. R.…

1Opinion of the CourtCassoday, C. J.

This is an appeal from an order sustaining a demurrer to a complaint in an action brought by a taxpayer in his own behalf, and on behalf of all other owners of taxable property in the county of Milwaukee similarly interested in the matters and things hereinafter set forth, to restrain the county and its board of supervisors and officers from further proceeding in the matter of constructing the viaduct therein mentioned, and from issuing, selling, or disposing of the bonds therein mentioned, or any part thereof, and from assessing, levying, or providing for the collection of any taxes upon the…

2Cases cited8 opinions

  1. Johnson v. City of MilwaukeeWisconsin Supreme Court · 1894
  2. Adams v. City of BeloitWisconsin Supreme Court · 1900
  3. Milwaukee County v. IsenringWisconsin Supreme Court · 1901
  4. Boyd v. City of MilwaukeeWisconsin Supreme Court · 1896
  5. Burnham v. City of MilwaukeeWisconsin Supreme Court · 1897

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

3Cited by21 opinions

  1. State ex rel. Risch v. Board of Trustees of the Policemen's Pension FundWisconsin Supreme Court · 1904
  2. State ex rel. Atwood v. JohnsonWisconsin Supreme Court · 1919
  3. In re MallonIdaho Supreme Court · 1909
  4. City of Brookfield v. Milwaukee Metropolitan Sewerage DistrictWisconsin Supreme Court · 1988
  5. State ex rel. Busacker v. GrothWisconsin Supreme Court · 1907

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

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