Smeaton v. Martin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. The case is thus stated by Mr. Justice Cassoday : “ On June 29,1882, the plaintiffs, as tenants in common of a farm of 160 acres in the town of Yernon, Waukesha county, obtained a preliminary injunction upon their verified complaint, alleging, in effect, that on June 15, 1882, and subsequently, the defendants, claiming and assuming to act as the supervisors of said town and of the town of Wauke-sha, entered upon said farm…
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APPEAL from the Circuit Court for Waukesha County. The case is thus stated by Mr. Justice Cassoday : “ On June 29,1882, the plaintiffs, as tenants in common of a farm of 160 acres in the town of Yernon, Waukesha county, obtained a preliminary injunction upon their verified complaint, alleging, in effect, that on June 15, 1882, and subsequently, the defendants, claiming and assuming to act as the supervisors of said town and of the town of Wauke-sha, entered upon said farm without authority, and wrongfully commenced and continued the excavation of a deep ditch thereon, and were thereby drawing…
1Opinion of the CourtCassoday, J.
We assume, for the purposes of this appeal, that the plaintiffs were entitled to an injunction, and that the same was improperly dissolved, unless the opening of the drain by order of the supervisors was justified by their proceedings under the statute. The learned counsel for the plaintiffs insist that the statutes under which the ditch was first constructed, in 1863, were invalid because they authorized the taking of private property for private use. Ch. 57, R. S., 1858, and ch. 54, R. S. There may be some doubt about the validity of those statutes. In addition to the au*369thorities cited by…
2Cases cited18 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Matter of RyersNew York Court of Appeals · 1878
- Chicago, Rock Island & Pacific R. R. v. Town of LakeIllinois Supreme Court · 1874
- Pratt v. BrownWisconsin Supreme Court · 1854
- Hartwell v. ArmstrongNew York Supreme Court · 1854
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3Cited by16 opinions
- State Highway Department v. Montgomery Mitchell's HeirsTennessee Supreme Court · 1919
- State ex rel. Baltzell v. StewartWisconsin Supreme Court · 1889
- Wisconsin Water Co. v. WinansWisconsin Supreme Court · 1893
- Muscoda Bridge Co. v. Worden-Allen Co.Wisconsin Supreme Court · 1928
- Janes v. City of RacineWisconsin Supreme Court · 1913
11 more not listed; retrieve them via the Exa API.