Legal Opinion

State ex rel. Dosch v. Ryan

Wisconsin Supreme Court

Decided March 20, 1906PublishedCited by 12 opinions

Appeal from a judgment of the circuit court for Richland county: Geoege OlemeNTSoN, Circuit Judge. Nor the appellants there was a brief by Richmond & Lincoln} and oral argument by P. L. Lincoln and 8. T. Swansen.

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Appeal from a judgment of the circuit court for Richland county: Geoege OlemeNTSoN, Circuit Judge. Nor the appellants there was a brief by Richmond & Lincoln} and oral argument by P. L. Lincoln and 8. T. Swansen. They contended, inter alia, that, when the sovereign authority decides to take private property for public use, the primary finding that “the public good will thereby be promoted” must not be induced or promoted by private considerations; if so, it is fatal to the determination. Biabe v. Casile, 44 Wis. 670; State ex rel. Ourtis v. Geneva, 107 Wis. 1; Shelby v. Miller, 114 Wis. 660;…

1Opinion of the CourtWiNsnow, J.

This is an action of mandamus brought by the relator to compel the defendants, as town supervisors, to alter a certain highway in accordance with the determination of commissioners. It appeared upon the trial that in February, 1903, the relator with other freeholders applied to the defendants, as supervisors, to alter a certain highway in the town by laying a piece of new road and discontinuing a portion of the old highway, under see. 1265, Stats. 1898, and *601that on March 14th following the supervisors denied the application ; that thereafter an appeal was taken from such denial, and…

2Cases cited2 opinions

  1. Town of Shelby v. MillerWisconsin Supreme Court · 1902
  2. State ex rel. Curtis v. Town Board of GenevaWisconsin Supreme Court · 1900

3Cited by12 opinions

  1. Maxcy v. City of OshkoshWisconsin Supreme Court · 1910
  2. Milwaukee Light, Heat & Traction Co. v. Ela Co.Wisconsin Supreme Court · 1910
  3. Iverson v. Union Free High School DistrictWisconsin Supreme Court · 1925
  4. Northern States Power Co. v. Town of Hunter Board of SupervisorsWisconsin Supreme Court · 1973
  5. Agnew v. HotchkissWisconsin Supreme Court · 1926

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