Squiers v. Village of Neenah
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Trespass guare clausum. The premises were two lots in the village of Neenah.
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APPEAL from the Circuit Court for Winnebago County. Trespass guare clausum. The premises were two lots in the village of Neenah. The complaint avers that defendant committed the trespass, through its board of trustees and street commissioners, who, by law, had charge of, and jurisdiction over, the laying out and opening of streets and highways, and who, by themselves, their agents and servants, committed the alleged trespass “in a wanton manner and unlawfully,” “on pretense of opening a street which said village claimed to have laid through the premises,” but that no valid proceedings had…
1Opinion of the CourtDixox, C. J.
It is contended for the defendant, that there was such an entire want of power in the board of trustees to lay out or to open the street in question, that their act in directing it. to be opened, and the act of the street commissioner in opening it, were wholly void — - such clear departures from duty on the part of the officers concerned, that, though performed in the name of the village, they were in no respect binding upon it, but only affected the officers themselves, who alone must be held responsible as individuals for the damages occasioned. This argument proceeds upon the absence of…
2Cases cited2 opinions
- Norton v. PeckWisconsin Supreme Court · 1854
- Hurley v. Town of TexasWisconsin Supreme Court · 1866
3Cited by12 opinions
- Owen v. City of IndependenceSupreme Court of the United States · 1980
- Church v. City of MilwaukeeWisconsin Supreme Court · 1872
- Wallace v. City of MenashaWisconsin Supreme Court · 1880
- Hollman v. City of PlattevilleWisconsin Supreme Court · 1898
- Robinson v. RohrWisconsin Supreme Court · 1889
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