Koch v. City of Ashland
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The respondent commenced this action by service of summons and complaint to recover for personal injuries resulting from a fall upon an alleged defective sidewalk in the city of Ashland, January 12, 1892. The complaint alleged the giving of notice to the city under the provisions of sec. 1339, E. S. 1818, but did not allege the presentation or filing of any claim with the city clerk, or appeal from the disallowance of such…
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APPEAL from the Circuit Court for Ashland County. The respondent commenced this action by service of summons and complaint to recover for personal injuries resulting from a fall upon an alleged defective sidewalk in the city of Ashland, January 12, 1892. The complaint alleged the giving of notice to the city under the provisions of sec. 1339, E. S. 1818, but did not allege the presentation or filing of any claim with the city clerk, or appeal from the disallowance of such claim. The city demurred to the complaint on two grounds: (1) that the court had no jurisdiction of the person of…
1Opinion of the CourtWinslow, J.
The questions presented are (1) whether an independent action can be maintained against the city of Ashland for damages resulting from an injury received on a defective highway, or whether the claim must be filed with the city clerk and come to the circuit court by appeal from the action of the council; (2) whether the objection is properly raised in this case.
1. The charter of the city of Ashland provides (Laws of 1889, ch. 27, subch. 8, sec. 13): “ No suit of any kind or any claim of any character shall be brought against said city, but the claimant shall file his claim with the city clerk…
2Cases cited2 opinions
- Sheel v. City of AppletonWisconsin Supreme Court · 1880
- Watson v. City of AppletonWisconsin Supreme Court · 1885
3Cited by13 opinions
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- Hay v. City of BarabooWisconsin Supreme Court · 1906
- Houtz v. Board of CommissionersWyoming Supreme Court · 1902
- Mason v. City of AshlandWisconsin Supreme Court · 1898
- Telford v. City of AshlandWisconsin Supreme Court · 1898
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