Stollenwerk v. Klevenow
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: OmtEN T. Williams, Circuit Judge. The complaint shows that the plaintiffs -are owners of farm lands in the town of Lake, Milwaukee county, through which a drainage ditch has run for a number of years; that the defendants Klevenow, Comber, and Clemens are the members of and constitute the board of supervisors of the town of Lake; that certain proceedings were instituted pursuant to sec. 1359, Stats.
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Appeal from a judgment of the circuit court for Milwaukee county: OmtEN T. Williams, Circuit Judge. The complaint shows that the plaintiffs -are owners of farm lands in the town of Lake, Milwaukee county, through which a drainage ditch has run for a number of years; that the defendants Klevenow, Comber, and Clemens are the members of and constitute the board of supervisors of the town of Lake; that certain proceedings were instituted pursuant to sec. 1359, Stats. (1898), for the purpose of laying out, widening, enlarging, and straightening said ditch, and that the pro-eeedings were carried on…
1Opinion of the CourtBaRNES, J.
The material questions on this appeal are: (1) Did any of the defendants violate the in junctional order, and, if so, which of them ? (2) Was the proper judgment entered and the proper penalty inflicted 1
On his own testimony Dinnauer was clearly guilty of vio*358lating the in junctional order. He testified in substance that Klevenow told him that he might arrange with one of the landowners (Wagen) to dig the ditch, and that when Wagen O.K.’d the work the town board would refund to him the amount of the special tax assessed against his land for ditch •construction and Wagen could then pay it over…
2Cases cited3 opinions
- Hack v. StateWisconsin Supreme Court · 1910
- Emerson v. HussWisconsin Supreme Court · 1906
- Poertner v. RusselWisconsin Supreme Court · 1873
3Cited by9 opinions
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- Town of Seymour v. City of Eau ClaireCourt of Appeals of Wisconsin · 1983
- Holloway v. Peoples Water Co.Supreme Court of Kansas · 1917
- Campbell v. Motion Picture Machine OperatorsSupreme Court of Minnesota · 1922
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