Wilson v. City of Mineral Point
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Iowa County. Tbe complaint alleges that plaintiff’ is tbe owner in fee and in actual possession of certain lots in tbe defendant city, on wbicb bis dwelling bouse is situated; that tbe lots are inclosed with fences, and entirely surrounded by wbat purport to be public streets; that standing and growing upon such lots are a great many fruit- and ornamental trees and much shrubbery of several years’ growth and cultivation, and of great value,…
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APPEAL from tbe Circuit Court for Iowa County. Tbe complaint alleges that plaintiff’ is tbe owner in fee and in actual possession of certain lots in tbe defendant city, on wbicb bis dwelling bouse is situated; that tbe lots are inclosed with fences, and entirely surrounded by wbat purport to be public streets; that standing and growing upon such lots are a great many fruit- and ornamental trees and much shrubbery of several years’ growth and cultivation, and of great value, and which greatly enhance the value of the lots; and that such lots have been so inclosed for twenty-five years. It…
1Opinion of the CourtLyon, J.
It is sufficiently averred in the complaint that the defendant Weidenfeller, acting under the authority and orders of the regularly constituted authorities of the defendant city, is about to destroy fences, fruit and ornamental trees and shrubbery standing and growing upon premises owned by the plaintiff and occupied by him as his residence and homestead; that the pretense for so doing is that such fences, trees and shrubbery are within the limits of public streets; but that such pretense is unfounded in fact, and the defendants have no lawful authority to do the threatened acts.
On the facts…
2Cited by26 opinions
- Heagy v. BlackIndiana Supreme Court · 1883
- Wisconsin Telephone Co. v. Railroad CommissionWisconsin Supreme Court · 1916
- Bradley v. PharrSupreme Court of Louisiana · 1893
- Haskell v. SuttonWest Virginia Supreme Court · 1903
- DePauw v. OxleyWisconsin Supreme Court · 1904
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