American Cement Machine Co. v. City of Madison
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Dane county: E. Ray Stevens, Circuit Judge. Tbis is an appeal from an order dismissing an appeal taken' by tbe American Cement Machine Company from tbe disal-lowance by tbe common council of the city of Madison of a claim bled by tbe plaintiff with tbe city clerk of tbe city.
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Appeal from an order of tbe circuit court for Dane county: E. Ray Stevens, Circuit Judge. Tbis is an appeal from an order dismissing an appeal taken' by tbe American Cement Machine Company from tbe disal-lowance by tbe common council of the city of Madison of a claim bled by tbe plaintiff with tbe city clerk of tbe city. Tbe appeal from tbe disallowance by tbe city council was taken, by tbe service of a proper notice, to tbe circuit court for Dane county, and a bond was filed with tbe city clerk to cover tbe costs of tbe action. Tbe city attorney moved for dismissal of tbe appeal upon tbe…
1Opinion of the CourtSiebecker, J.
The appeal bond is assailed for want of its compliance with tbe charter provision prescribing tbe conditions for appealing from the disallowance of a claim against tbe city. Tbe charter provisions conferring on tbe *446claimant tbe right of appeal from the disallowance of a claim against the city require the service of a written notice of appeal on the city clerk and the execution of a bond with sureties conditioned for a faithful prosecution of the appeal and “the payment of all costs that shall be adjudged against the appellant by the court.” The appellant executed a bond in the penal sum of…
2Cases cited1 opinion
- Conover v. Board of SupervisorsWisconsin Supreme Court · 1856
3Cited by1 opinion
- Breuer v. Town of AddisonCourt of Appeals of Wisconsin · 1995