Kraft v. City of Madison
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dane county: R. G-. SiebeoKee, Circuit Judge. The plaintiff has' a claim against the defendant for work ■done- and materials furnished under a^contract for the construction of a sewer. He presented his claim to the common council of the defendant, for audit, on October 9,1896. It was referred to the proper committee of the council,- and has not further been acted upon by the common council.
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Appeal from an order of the circuit court for Dane county: R. G-. SiebeoKee, Circuit Judge. The plaintiff has' a claim against the defendant for work ■done- and materials furnished under a^contract for the construction of a sewer. He presented his claim to the common council of the defendant, for audit, on October 9,1896. It was referred to the proper committee of the council,- and has not further been acted upon by the common council. The plaintiff commenced this action-, for the recovery of the sum -claimed, March 9, 1897. The complaint sets out the facts on which the claim is based, its…
1Opinion of the Court
Newmaít, J.
The real point in contention is whether the circuit court can get jurisdiction of the cause of action in any way, other than by an appeal from an order of the common council disallowing the claim. The charter of the appellant provides (Laws of 1882, oh. 36, subch. VII, sec. 25) that no action shall be maintained against the city until the claim on which it is based shall have been first presented to-the common council for allowance. The determination of the common council disallowing the claim is made final, and a complete bar to any action founded on such claim, otherwise than by…
2Cases cited1 opinion
- Sharp v. City of MaustonWisconsin Supreme Court · 1896
3Cited by4 opinions
- Bullock v. Yakima Valley Transportation Co.Washington Supreme Court · 1919
- State ex rel. Board of School Directors v. NelsonWisconsin Supreme Court · 1899
- State ex rel. Wunderlich v. KalkofenWisconsin Supreme Court · 1907
- Dollar v. City of MarquetteMichigan Supreme Court · 1900