Legal Opinion

Stocking v. Warren Bros.

Wisconsin Supreme Court

Decided January 8, 1908PublishedCited by 4 opinions

'Appeal from a judgment of the circuit court for Douglas county: A. J. Vinje, Circuit Judge. This is an action in equity brought by the plaintiffs, who are general taxpayers and lotowners in the city of Superior, to set aside a certain street paving contract between the city and the appellant company (a foreign corporation), and to enjoin the execution of the work and the issuance of special assessment certificates against the plaintiffs’ lots to' pay for that work.

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'Appeal from a judgment of the circuit court for Douglas county: A. J. Vinje, Circuit Judge. This is an action in equity brought by the plaintiffs, who are general taxpayers and lotowners in the city of Superior, to set aside a certain street paving contract between the city and the appellant company (a foreign corporation), and to enjoin the execution of the work and the issuance of special assessment certificates against the plaintiffs’ lots to' pay for that work. The facts were not in dispute, and judgment for the plaintiffs in accordance with the prayer of the complaint was rendered upon…

1Opinion of the Court

The following opinion was filed January 8, 1908:

Winslow, C. J.

It will be seen from the foregoing statement of the provisions of the special charter of the city of Superior that the evident intent is that all public work involving the expenditure of any considerable amount of money shall be open to full and free-competition and shall be performed by the lowest satisfactory and responsible bidder. In this respect the charter is quite similar to the general city charter, as well as to many, if not most, of the special city charters still existing. It seems equally evident that the reasons for…

2Cases cited3 opinions

  1. Dean v. CharltonWisconsin Supreme Court · 1869
  2. Ricketson v. City of MilwaukeeWisconsin Supreme Court · 1900
  3. Allen v. City of MilwaukeeWisconsin Supreme Court · 1906

3Cited by4 opinions

  1. Burnham v. AbrahamsonCalifornia Court of Appeal · 1913
  2. Automatic Merchandising Corp. v. NusbaumWisconsin Supreme Court · 1973
  3. Weise v. City of Green BayWisconsin Supreme Court · 1910
  4. Warner v. City of AshlandWisconsin Supreme Court · 1913

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