Williams v. Hayes
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hacine County. The following statement of the case was prepared by Mr. Justice Tayloe as a part of the opinion: This action was commenced by the plaintiff to set aside the proceedings of the defendants inlaying out and opening a ditch through the plaintiff’s land.
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APPEAL from the Circuit Court for Hacine County. The following statement of the case was prepared by Mr. Justice Tayloe as a part of the opinion: This action was commenced by the plaintiff to set aside the proceedings of the defendants inlaying out and opening a ditch through the plaintiff’s land. The action was brought to a hearing in the circuit court in the March term, 1884. After the plaintiff had produced his evidence and rested his. case, on motion df the defendants the circuit court ordered the complaint dismissed with costs. A motion was made by the plaintiff to set aside the order…
1Opinion of the CourtTayloe, J.
The materiality of the amendment of the judgment arises out of the fact that the plaintiff, shortly after his equitable action was dismissed with costs, sued out a common-law writ of certiorari to review the proceedings of the defendants in laying out and opening said ditch through the plaintiff’s lands, and the judgment as originally entered in this action is pleaded as a bar to the proceedings upon such writ. The learned counsel for the appellants contend that the circuit court had no authority to amend the judgment in the manner specified in said order. Among other reasons urged against…
2Cases cited20 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Foster v. Richard BusteedMassachusetts Supreme Judicial Court · 1868
- Ætna Life Insurance v. McCormickWisconsin Supreme Court · 1866
- Perine v. DunnNew York Court of Chancery · 1819
- Burhans v. . Van ZandtNew York Court of Appeals · 1852
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3Cited by12 opinions
- Jones v. GallagherSupreme Court of Oklahoma · 1917
- Fischbeck v. MielenzWisconsin Supreme Court · 1916
- Hoffman v. StateWisconsin Supreme Court · 1894
- Mann v. . MannSupreme Court of North Carolina · 1918
- Packard v. Kinzie Avenue Heights Co.Wisconsin Supreme Court · 1900
7 more not listed; retrieve them via the Exa API.