Brock v. Hishen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Trespass qua/re clausum fregit. The complaint alleges that defendants, with force and arms, broke and entered the plaintiffs’ close in the town of Mineral Point, Iowa county, and forcibly tore down the fence of the plaintiffs there situate, and threatened to tear the same down whenever and as fast as the plaintiffs should replace it.
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APPEAL from the Circuit Court for Iowa County. Trespass qua/re clausum fregit. The complaint alleges that defendants, with force and arms, broke and entered the plaintiffs’ close in the town of Mineral Point, Iowa county, and forcibly tore down the fence of the plaintiffs there situate, and threatened to tear the same down whenever and as fast as the plaintiffs should replace it. On the complaint an injunction order was granted by a court commissioner, and duly served, restraining defendants from doing the threatened acts. They answered that the locus in gw was a public highway; that they…
1Opinion of the CourtLyon, J.
It satisfactorily appears from the motion papers, that due notice was given the plaintiffs, in the spring of 1875, to remove their fences from the line of the alleged highway, although the precise time when such notice was given is not stated. If the locus in quo is a legal highway, such notice *679put tlie plaintiffs in default after tlie expiration of tlie time allowed tliem for removing tlieir fences, and made it tlie duty of tlie supervisors to cause tlie same to be removed. The delay to do so until the following November did not render a new notice necessary. But had no such notice been…
2Cases cited3 opinions
- Powers v. BearsWisconsin Supreme Court · 1860
- State v. VogelWisconsin Supreme Court · 1868
- Smith v. City of MilwaukeeWisconsin Supreme Court · 1864
3Cited by8 opinions
- Connecticut River Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1879
- Martin v. TylerNorth Dakota Supreme Court · 1894
- Williams v. MitchellWisconsin Supreme Court · 1880
- State ex rel. Supervisors of the Town of Iola v. NelsonWisconsin Supreme Court · 1883
- State Ex Rel. Happel v. SchmidtWisconsin Supreme Court · 1947
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