State ex rel. Rogers v. Wheeler
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wal-worth county: FRANK M. Fish, Circuit Judge. Such proceedings were duly had according to law that the supervisors of the town of East Troy, Walworth county, altered a highway in such town which had theretofore existed for a number of years. Such highway was the only means of access by public road to Lake Beulah.
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Appeal from a judgment of the circuit court for Wal-worth county: FRANK M. Fish, Circuit Judge. Such proceedings were duly had according to law that the supervisors of the town of East Troy, Walworth county, altered a highway in such town which had theretofore existed for a number of years. Such highway was the only means of access by public road to Lake Beulah. The relators were hotel keepers and liverymen, whose business as such was injuriously affected by the alteration of the highway. Neither ■of them owned any land abutting on such highway. They owned and operated hotels and livery…
1Opinion of the CourtMaeshall, J.
Three questions are presented on this appeal: Eirst, had the county judge jurisdiction to consider and decide upon the right of the relators to appeal from the determination of the supervisors altering.the highway? Second, if such jurisdiction did not exist and the relators had no right to appeal under the statute, could the county judge be compelled by mandamus to appoint commissioners on Such' appeal? Third, were the relators entitled to appeal-under the statute? If the relators had such right of appeal, upon the refusal of the county judge to appoint the- com*99missioners, there being no…
2Cases cited9 opinions
- Dutcher v. DutcherWisconsin Supreme Court · 1876
- People v. ChampionNew York Supreme Court · 1819
- Draper v. EmersonWisconsin Supreme Court · 1867
- Pomeroy v. PomeroyWisconsin Supreme Court · 1896
- Western Union Railroad v. DicksonWisconsin Supreme Court · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Killen v. BarnesWisconsin Supreme Court · 1900
- State Ex Rel. Wisconsin State Department of Agriculture v. AaronsWisconsin Supreme Court · 1946
- Olen v. Waupaca CountyWisconsin Supreme Court · 1941
- State ex rel. Curtis v. Town Board of GenevaWisconsin Supreme Court · 1900
- Estate of Schranck v. StateWisconsin Supreme Court · 1930