State ex rel. Lightfoot v. McCabe
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. On petition of the relator, Frederiole Lightfoot, Jr., for a writ of mandamus, an alternative writ was issued out of the "Winnebago county court, directed to the respondents, the supervisors of the town of Winneconne, commanding them to proceed to cause a certain alleged public highway, described in the petition, to be ascertained, described, and-entered of record in the proper town clerk’s office, pursuant to sec. 1223, E.…
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APPEAL from the County Court of Winnebago County. On petition of the relator, Frederiole Lightfoot, Jr., for a writ of mandamus, an alternative writ was issued out of the "Winnebago county court, directed to the respondents, the supervisors of the town of Winneconne, commanding them to proceed to cause a certain alleged public highway, described in the petition, to be ascertained, described, and-entered of record in the proper town clerk’s office, pursuant to sec. 1223, E. S., as amended by ch. 103, Laws of 1885, or show cause to the contrary before said court at a time therein specified. The…
1Opinion of the CourtLyon, J.
Counsel for the relator asserts in his brief that under the laws of this state there are no private roads, and cites Osborn v. Hart, 21 Wis. 89, to sustain his position. This is a misapprehension of that case. It was there held that a statute which provided that private roads might, on certain conditions, be laid through lands without the consent of the owner thereof, was invalid, because it attempted to authorize the taking of private property without the° consent of its owner, for the mere private use of another person. The case does not hold that .a private way may not be created by grant…
2Cases cited1 opinion
- Tupper v. HusonWisconsin Supreme Court · 1879
3Cited by8 opinions
- Town of Randall v. RovelstadWisconsin Supreme Court · 1900
- George W. Condon Co. v. Board of County Com'rsWyoming Supreme Court · 1940
- Bino v. City of HurleyWisconsin Supreme Court · 1961
- Lewisburg Tennessee v. EmersonCourt of Appeals of Tennessee · 1927
- State ex rel. Schermerhorn v. McCannWisconsin Supreme Court · 1900
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