Mueller v. Brotz
Wisconsin Supreme Court
Appeal from a judgment and an order of the circuit court for Sheboygan county. Michael Kirwan, Circuit Judge. ■ This action was brought by the plaintiff against the de.fendant village and its board of trustees to restrain them from entering upon or taking possession of certain premises owned, used, and occupied by the plaintiff as his homestead.
Read the full summary
Appeal from a judgment and an order of the circuit court for Sheboygan county. Michael Kirwan, Circuit Judge. ■ This action was brought by the plaintiff against the de.fendant village and its board of trustees to restrain them from entering upon or taking possession of certain premises owned, used, and occupied by the plaintiff as his homestead. The complaint, among other things, alleges that the plaintiff is the owner of said premises, namely, lot No. 1, in block No. 1, of the original plat of Riverside, and that there is a two-story frame building upon said lot of the value of $2,600 and a…
1Opinion of the CourtKerwin, J.
1. Two contentions are made upon this appeal: (1) Whether sec. 1263, Stats., applies to the opening of streets in villages; and (2) Whether the contempt proceedings should have been dismissed.
Sec. 1263 by its express language does not apply to villages and cities, but only to towns. This court has never expressly passed upon the question. It seems quite clear from the record and concessions of counsel that if sec. 1263 controls the case the judgment should have been rendered in favor of the appellant, but if not, the judgment of the circuit court should be affirmed, since it seems to be…
2Cases cited6 opinions
- Paine Lumber Co. v. City of OshkoshWisconsin Supreme Court · 1895
- State ex rel. Downing v. GreeneNebraska Supreme Court · 1896
- State ex rel. Plattsmouth Telephone Co. v. BakerNebraska Supreme Court · 1901
- Smart v. HartWisconsin Supreme Court · 1890
- Flanders v. WoodWisconsin Supreme Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State Ex Rel. McKenzie v. District CourtMontana Supreme Court · 1940