Legal Opinion

State ex rel. City Construction Co. v. Kotecki

Wisconsin Supreme Court

Decided February 27, 1914PublishedCited by 6 opinions

Appeal from au order of the circuit court for Milwaukee county: E. C. Eschweilee, Circuit Judge. The appeal is from an order quashing an alternative writ of mandamus.

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Appeal from au order of the circuit court for Milwaukee county: E. C. Eschweilee, Circuit Judge. The appeal is from an order quashing an alternative writ of mandamus. Tbe alternative writ was issued to compel tbe comptroller of tbe city of Milwaukee to proceed under cb. 71, Laws of 1901, now secs. 926 — 135 to 926 — 138, Stats., by accepting, filing, and including in bis statement of special assessments to be placed in tbe next tax roll of tbe city of Milwaukee a special assessment certificate issued to tbe relator, a contractor, after the special assessment evidenced by such certificate bad…

1Opinion of the Court

Tbe order appealed from was affirmed February 27, 1914, and tbe following opinion was filed March 17, 1914:

TimliN, J.

Tbe question presented is whether tbe statutes above referred to apply to tbe city of Milwaukee. In order to correctly apply these statutes we must keep in mind tbe situation in this state with reference to city charters at tbe time of their enactment. Prior to March 26, 1901, there were in this state cities having authority to issue to contractors or others in payment of some contracts special assessment certificates. City charters with reference to delinquent city taxes could…

2Cases cited13 opinions

  1. Palms v. Shawano CountyWisconsin Supreme Court · 1884
  2. State ex rel. Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Railroad CommissionWisconsin Supreme Court · 1908
  3. Wisconsin Real Estate Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
  4. Dalrymple v. City of MilwaukeeWisconsin Supreme Court · 1881
  5. Sheboygan County v. City of SheboyganWisconsin Supreme Court · 1882

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3Cited by6 opinions

  1. Wisconsin's Environmental Decade, Inc. v. Department of Natural ResourcesWisconsin Supreme Court · 1978
  2. McCarthy v. SteinkellnerWisconsin Supreme Court · 1937
  3. Town of Bell v. Bayfield CountyWisconsin Supreme Court · 1931
  4. Opinion No. Oag 76-78, (1978), Wisconsin Attorney General Reports1978
  5. State ex rel. Pumplin v. HohleWisconsin Supreme Court · 1931

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

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