Town of Byron v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Fond du Lac County. The town of Byron was indicted for neglecting to repair a public highway at a certain point on the line between said town and the adjoining town of Eden ; and a verdict of guilty was found, and judgment rendered thereon, which the defendant town brought to this court for review, by writ of error.
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ERROR to the Circuit Court for Fond du Lac County. The town of Byron was indicted for neglecting to repair a public highway at a certain point on the line between said town and the adjoining town of Eden ; and a verdict of guilty was found, and judgment rendered thereon, which the defendant town brought to this court for review, by writ of error. The record is not now on the files of this court; but the questions presented thereby, and determined by the court, will sufficiently appear from the opinion. contended, among other things, that the indictment should have set forth how the town of…
1Opinion of the CourtCole, J.
This is an indictment for a nuisance for neglecting to keep a public highway in proper repair. It appears that the road in question was upon a town line, between the towns of Eden and Byron. It is objected that the indictment is defective because it does not show how the defendant is bound to keep that portion of the road complained of in repair. If we understand the objection, it is, that the indictment is defective because it does not show or allege that the supervisors of each adjoining town, upon laying out the highway, determined or assigned to the town of Byron this particular piece of…
2Cited by1 opinion
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