Baumgartner v. City of Milwaukee
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. Demurrer. The complaint alleges that the plaintiff is a taxpayer in the city of Milwaukee, a municipal corporation, city of the first class; that Peter F. Leuch is the city clerk; sets out the provisions of sec. 1, ch. 50, Laws 1903, which authorizes the common council of any city of the first class to publish its proceedings, requires that advertisements inviting bids shall be…
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Appeal from an order of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. Demurrer. The complaint alleges that the plaintiff is a taxpayer in the city of Milwaukee, a municipal corporation, city of the first class; that Peter F. Leuch is the city clerk; sets out the provisions of sec. 1, ch. 50, Laws 1903, which authorizes the common council of any city of the first class to publish its proceedings, requires that advertisements inviting bids shall be published, how and when the bids shall be opened, requires the clerk to transmit the proposals to the next regular…
1Opinion of the CourtRosenberry, J.
We are met at the threshold of this case by the objection that the plaintiff taxpayer has no right to maintain this action for the reason that the complaint does not show that the public treasury will suffer a sub*644stantial loss if the proposed action of the city and its clerk be not enjoined.
The allegation of the complaint is, “the city of Milzvau-kee will misappropriate a large sum of money and incur a large indebtedness, and this plaintiff and the taxpayers of said city will suffer great and irreparable injury therefrom.” These allegations are very general in their nature and are controlled…
2Cases cited3 opinions
- Mueller v. Eau Claire CountyWisconsin Supreme Court · 1900
- Ebert v. Langlade CountyWisconsin Supreme Court · 1900
- Pung v. DerseWisconsin Supreme Court · 1917
3Cited by2 opinions
- Goodland v. ZimmermanWisconsin Supreme Court · 1943
- Democrat Printing Co. v. ZimmermanWisconsin Supreme Court · 1944