Legal Opinion

Smith v. City of Burlington

Wisconsin Supreme Court

Decided October 9, 1906PublishedCited by 4 opinions

Appeal from an order of the circuit court for Eacine county: E. B. Beldek, Circuit Judge. Action brought by a taxpayer to enjoin the city and its officers from entering into a contract for the construction of an electric lighting plant pursuant to proceedings theretofore had and. from issuing or negotiating bonds therefor and from collecting taxes pursuant to an ordinance to meet such bonds.

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Appeal from an order of the circuit court for Eacine county: E. B. Beldek, Circuit Judge. Action brought by a taxpayer to enjoin the city and its officers from entering into a contract for the construction of an electric lighting plant pursuant to proceedings theretofore had and. from issuing or negotiating bonds therefor and from collecting taxes pursuant to an ordinance to meet such bonds. It appears on the pleadings that the defendant city is a city of the fourth class, existing under ch. 40^ Stats. 1898; that in May, 1895, the council adopted certain plans and specifications for an…

1Opinion of the CourtDodge, J.

This case presents another of the labyrinthian complications which the various legislative acts have thrown around the subject of the establishment of municipal waterworks and lighting plants and the incurring of municipal indebtedness therefor, many of which were so impressively set forth in Appleton W. W. Co. v. Appleton, 116 Wis. 363, 93 U. W. 262. The statute now presented was not mentioned or considered in that case. It is ch. 95, Laws of 1901, and provides, by sec. 1, that every city of the fourth class “is hereby authorized and empowered to purchase, lease or construct steam power or…

2Cases cited6 opinions

  1. State ex rel. Risch v. Board of Trustees of the Policemen's Pension FundWisconsin Supreme Court · 1904
  2. Johnson v. City of MilwaukeeWisconsin Supreme Court · 1894
  3. Adams v. City of BeloitWisconsin Supreme Court · 1900
  4. Bingham v. Board of SupervisorsWisconsin Supreme Court · 1906
  5. Land, Log & Lumber Co. v. BrownWisconsin Supreme Court · 1889

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

3Cited by4 opinions

  1. State v. EvansWisconsin Supreme Court · 1907
  2. Ilsley v. Sentinel Co.Wisconsin Supreme Court · 1907
  3. Rinder v. City of MadisonWisconsin Supreme Court · 1916
  4. Wisconsin Central Railway Co. v. City of SuperiorWisconsin Supreme Court · 1913

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