Green v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Ráeme County. The plaintiff in error was convicted of an assault and battery. The facts sufficiently appear from the opinion. What is personal service ? See sec. 2820, R. S.; Moyer v. Cook, 12 Wis., 335; Wade on Notice, 5T0, secs. 1341-2. This notice is in the nature of a process and the proceeding is an exercise of the right of eminent domain, and the provisions of the statute must be strictly complied with.
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ERROR to the Circuit Court for Ráeme County. The plaintiff in error was convicted of an assault and battery. The facts sufficiently appear from the opinion. What is personal service ? See sec. 2820, R. S.; Moyer v. Cook, 12 Wis., 335; Wade on Notice, 5T0, secs. 1341-2. This notice is in the nature of a process and the proceeding is an exercise of the right of eminent domain, and the provisions of the statute must be strictly complied with. Austin v. Allen, 6 Wis., 134; Babb v. Carver, 7 id., 124; Roehrborn v. Schmidt, 16 id., 519; State v. Banger, 29 id., 69-74; People ex rel. Goldsmith v.…
1Opinion of the CourtOassoday, J.
The plaintiff in error justifies the alleged assault and battery on the ground that the person upon whom it was committed was at the time trespassing upon the premises of his wife, and that the loans in quo was not a legally laid out highway, as claimed upon the part of the state. The plaintiff in error requested the court, in effect, to so charge the jury; and for a refusal error is assigned. The only defect claimed in laying out the highway is the alleged failure to properly serve the notice of the time and place of meeting to decide upon the application for laying out the same. It appears…
2Cited by1 opinion
- State ex rel. Maughan v. BoernerWisconsin Supreme Court · 1914