Smith v. Sherry
Wisconsin Supreme Court
APPEAL from the Circuit Court for Shawano County. The case is thus stated by Mr. Justice Tayloe: “ This is an action to recover damages of the defendant for trespassing upon lands claimed to be owned by the plaintiff, and removing therefrom a large quantity of pine timber.
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APPEAL from the Circuit Court for Shawano County. The case is thus stated by Mr. Justice Tayloe: “ This is an action to recover damages of the defendant for trespassing upon lands claimed to be owned by the plaintiff, and removing therefrom a large quantity of pine timber. The plaintiff claims title to the lands in question under a tax deed issued to him by the county of Shawano for the nonpayment of taxes assessed thereon by the town of Seneca, in said county, in the year 1872. The case was tried by the court, and judgment was rendered in favor of the defendant, solely upon the ground that…
1Opinion of the CourtTaylor, J.
On the part of the appellant it is insisted, first, that the act of 1872 is void under sections 81 and 32 of art. IY of the constitution (said sections being an amendment to said article IY, which was ratified by a vote of the people November 7, 1871), and that as a consequence said townships-never became a part of the village of Shawano; and second, that irrespective of said constitutional amendment the act is void, for the reason that the legislature have no power to annex any territory to a village which does not adjoin such village — that every village must be composed of contiguous…
2Cases cited7 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Matter of Gilbert Elevated Railway Co.New York Court of Appeals · 1877
- People ex rel. Shumway v. BennettMichigan Supreme Court · 1874
- Bucklin v. StateOhio Supreme Court · 1851
- People ex rel. Miller v. CooperIllinois Supreme Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State of Florida Ex Rel. Davis v. City of StuartSupreme Court of Florida · 1929
- City of Beloit v. Town of BeloitWisconsin Supreme Court · 1968
- Smith v. SherryWisconsin Supreme Court · 1882
- Town of Fond Du Lac v. City of Fond Du LacWisconsin Supreme Court · 1964
- State ex rel. Baltzell v. StewartWisconsin Supreme Court · 1889
22 more not listed; retrieve them via the Exa API.