Babcock v. City of Fond du Lac
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. 'On June 23, 1882, the defendant city, in pursuance of an authority given in ch. 31, Laws of 1882, entei’ed into a contract,-containing the provisions, restrictions, and conditions 'therein required, with the defendant The Elgin Tubular Iron Tower Company, for the erection and construction of five towers, for which the city agreed to pay $5,861.07, and hpon which towers were to be placed what were known as the Brush…
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APPEAL from the Circuit Court for Fond du Lac County. 'On June 23, 1882, the defendant city, in pursuance of an authority given in ch. 31, Laws of 1882, entei’ed into a contract,-containing the provisions, restrictions, and conditions 'therein required, with the defendant The Elgin Tubular Iron Tower Company, for the erection and construction of five towers, for which the city agreed to pay $5,861.07, and hpon which towers were to be placed what were known as the Brush electric lights. At the time of making the contract the valuation of the taxable property in the city, as appeared from the…
1Opinion of the CourtCassoday, J.
Has the plaintiff any such interest in the drawing and issuing of the order upon the city treasurer for $3,372 in his' hands, and the application of the same in payment of the electric light towers built by the company for the city under the contract specified, as would authorize a court of equity to enjoin the same, even assuming that the contract was void ? The trial court held that he had not. - This was upon the ground that the sum named had been imposed upon the' tax-payers of the city for the very purpose of having it so applied, and that the plaintiff having, voluntarily and without…
2Cases cited3 opinions
- Mayor of Baltimore v. LeffermanCourt of Appeals of Maryland · 1846
- Powell v. Board of SupervisorsWisconsin Supreme Court · 1879
- Parcher v. Marathon CountyWisconsin Supreme Court · 1881
3Cited by11 opinions
- McGowan v. PaulWisconsin Supreme Court · 1910
- Rutledge v. Price CountyWisconsin Supreme Court · 1886
- State, Ex Rel. v. Commrs.Ohio Supreme Court · 1928
- Lamoreux v. Bayfield CountyWisconsin Supreme Court · 1909
- Shirley v. City of WaukeshaWisconsin Supreme Court · 1905
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