Legal Opinion

State ex rel. Loehr v. Hanson

Wisconsin Supreme Court

Decided February 4, 1919PublishedCited by 3 opinions

Appeal from an order of the circuit court for Racine county: E. B. Belden, Circuit Judge. On the 8th day of September, 1916, a petition for the laying out of a highway was duly made to the supervisors of the town of Norway, Racine county. On the 5th day of December, 1916, the town board made out notices in which the 18th day of December, 1916, was fixed as the time when they would meet and decide upon said petition.

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Appeal from an order of the circuit court for Racine county: E. B. Belden, Circuit Judge. On the 8th day of September, 1916, a petition for the laying out of a highway was duly made to the supervisors of the town of Norway, Racine county. On the 5th day of December, 1916, the town board made out notices in which the 18th day of December, 1916, was fixed as the time when they would meet and decide upon said petition. The town board met pursuant to said notices on the 18th day of December, 1916, at the place therein fixed, at which time they were not satisfied that the notices given had been…

1Opinion of the CourtOwen, J.

Unless the power of the town board of supervisors had been theretofore exhausted, its order of January 27, 1917, denying the petition was valid, and, as the subsequent proceedings leading to' a reversal of that order were in all respects regular, appellants are entitled to the relief prayed for. The trial court thought that jurisdiction to act on the 27th had been lost (a) by adjourning for more than thirty days from December 18, 1916; (b) by not giving notice of adjournment as required by statute; and (c) by not making award of damages within forty days from December 18, 1916. Although the…

2Cases cited2 opinions

  1. State ex rel. Hewitt v. GravesWisconsin Supreme Court · 1904
  2. State ex rel. Baker v. HaugenWisconsin Supreme Court · 1916

3Cited by3 opinions

  1. State ex rel. Thompson v. EggenWisconsin Supreme Court · 1932
  2. Miller v. McManusWisconsin Supreme Court · 1924
  3. State ex rel. Loehr v. HansonWisconsin Supreme Court · 1920

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