Dietz v. City of Neenah
| Decision Date | 17 December 1895 |
| Citation | 91 Wis. 422,65 N.W. 500 |
| Parties | DIETZ v. CITY OF NEENAH ET AL. |
| Court | Wisconsin Supreme Court |
The only provision of the city charter of Neenah (section 96a, Priv. & Loc. Laws 1885), authorizing the common council to make assessments for building sewers, having been held unconstitutional, it is insisted, upon a motion for a rehearing, that the assessment in question was authorized by sections 895-904, Rev. St., inclusive, in relation to villages, made applicable to cities by section 927, Rev. St., and which authorizes the common council of every city to exercise all the powers conferred on village boards by said sections, and to “proceed in the manner therein prescribed, to lay out, * * * open, alter, enlarge or extend any drain, canal or sewer, * * * as well as by the provisions of their respective charters; and the provisions of the sections aforesaid shall be taken as applicable to such villages and cities.” The power of village boards under the general law “to lay out, open, change, widen or extend * * * sewers,” and make assessments therefor, is derived from section 892, subds. 11, 25, Rev. St., and from section 926, by which boards of trustees of any village incorporated under special act possess the powers conferred by said section 892. No other or additional grant of power to a board of trustees of any village for that purpose was necessary. The general scope of the sections now relied on is the exercise of the power of eminent domain by proceedings to condemn lands, as specified in section 895, “whenever the village board shall intend to lay out and open, change, widen or extend any street, lane, alley, public grounds, square or other place, or to construct and open, alter, enlarge or extend drains, canals or sewers, * * * and it shall be necessary to take private property therefor.” Sections 896-902, inclusive, provide in detail how the proceedings for such purposes shall be conducted. Section 903 provides for the payment of the expenses of the proceeding, “including all damages and costs incurred for the taking of private property and of making any improvement mentioned,” in section 902, and it declares that “the village board may, by resolution, levy and assess the whole or any part, not less than half of such expenses as a tax upon such property as they shall determine is specially benefited thereby,” and the statute points out the...
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State ex rel. Milwaukee Med. Coll. v. Chittenden
...to that effect can be read out of the law by reasonable implication, as in Dietz v. City of Neenah et al., 91 Wis. 422, 64 N. W. 299, 65 N. W. 500. The law confers jurisdiction to determine the matter, making no provision for proceedings to be followed. By necessary implication they must be......
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Wabash Corp. v. Ross Electric Corp., 21
...161 F. 733, 737; Edelman v. Edelman, 65 Wyo. 271, 199 P.2d 840, 843, 203 P.2d 952; Dietz v. City of Neenah, 91 Wis. 422, 64 N.W. 299, 65 N.W. 500; Gilchrist v. Stevenson, 7 How.Prac., N.Y., 273, 274. See also Nordbye, "Improvements in Statements of Fact and Conclusions of Law, 1 F.R.D. 25, ......
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Bostwick v. Mut. Life Ins. Co. of New York
...18 N. W. 527, and cases there cited. Jones v. Jones, 71 Wis. 520, 38 N. W. 88; Deitz v. City of Neenah, 91 Wis. 425, 426, 64 N. W. 299, 65 N. W. 500; Williamson v. Reeves, 94 Wis. 666, 69 N. W. 806;Disch v. Timm, 101 Wis. 189, 77 N. W. 196;In re Callahan, 102 Wis. 561, 78 N. W. ...
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Stevens v. City of Port Huron
...23 Atl. 1102;Dyar v. Farmington, 70 Me. 515, 527; State v. Chamberlin, 37 N. J. Law, 388; Dietz v. Neenah, 92 Wis. 422, 427,64 N. W. 299,65 N. W. 500.’ The doubt is finally resolved in accordance with the result reached in Minnesota and Indiana, and the case has been followed twice since in......