Bryant v. Robbins
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The case is stated in the opinion. The petitioners appealed from the order sustaining the demurrer and dismissing the petition. They argued, among other things, that the drainage laws being founded upon the general police powers of the state, the duties imposed thereby upon county or town officers are public rather than corporate duties, and such laws are not a part of the system- of town or county government.
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APPEAL from the Circuit Court for Dane County. The case is stated in the opinion. The petitioners appealed from the order sustaining the demurrer and dismissing the petition. They argued, among other things, that the drainage laws being founded upon the general police powers of the state, the duties imposed thereby upon county or town officers are public rather than corporate duties, and such laws are not a part of the system- of town or county government. IZayes v. Oshhosh, 33 Wis. 314; Wallace v. Menasha, 48 id. 85; Schultz v. Milwauliee, 49 id. 254; Zittle v. Madison, id. 605; Nexo Uorlt…
1Opinion of the Court
Cole, 0. J.
This is a proceeding instituted under ch. 442, Laws of 1885, which provides a system for the drainage and reclamation of lands in Dane county. A petition was presented to the circuit court of the county, signed on behalf of the common council of the city of Madison, George K. Bryant., and more than forty other persons, who represent that they are owners of wet and overflowed lands in the county, and setting forth the matters required by the law to be stated in the petition, and asking that a board of commissioners be appointed for the purposes prescribed. A demurrer was interposed…
2Cases cited12 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Wurts v. HoaglandSupreme Court of the United States · 1885
- Sheboygan Co. v. ParkerSupreme Court of the United States · 1866
- Donnelly v. DeckerWisconsin Supreme Court · 1883
- State ex rel. Walsh v. DousmanWisconsin Supreme Court · 1871
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- In re the Appointment of a Revisor of the StatutesWisconsin Supreme Court · 1910
- Martin v. TylerNorth Dakota Supreme Court · 1894
- Lien v. Board of County CommissionersSupreme Court of Minnesota · 1900
- State ex rel. Baltzell v. StewartWisconsin Supreme Court · 1889
- Stone v. Little Yellow Drainage DistrictWisconsin Supreme Court · 1903
18 more not listed; retrieve them via the Exa API.