Roehrborn v. Schmidt
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. Action brought injustice’s court for breaking and entering the close of the plaintiff in the town of Wilson, and tearing down the fence of the plaintiff on the east line of his said close.
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APPEAL from the Circuit Court for Sheboygan County. Action brought injustice’s court for breaking and entering the close of the plaintiff in the town of Wilson, and tearing down the fence of the plaintiff on the east line of his said close. The defendant answered denying the facts alleged against him and gave notice that the title to real estate would come in question in the action; that, the fence removed by him was an obstruction to a public highway, which he removed by virtue of his office as overseer of highways in the district where said highway is situated The defendant filed the usual…
1Opinion of the Court
By the Court,
Cole, J.
The position that the order of the supervisors laying out a highway is conclusive as to the posting and serving the notices preliminary to their meeting to decide upon the application, even if it recites that such notices have been “duly given to all the occupants of the lands through which the highway passes,” is clearly untenable. The statute makes the order competent evidence of the facts therein contained, and “prima facie evidence of the regularity of all the proceedings prior to the making of such order.” R. S., sec. 59, *522chap. 19. This indubitably shows that it was…
2Cited by9 opinions
- Jensen v. Board of Supervisors of Polk CountyWisconsin Supreme Court · 1879
- Ruhland v. Supervisors of the Town of Hazel GreenWisconsin Supreme Court · 1882
- McKee v. HullWisconsin Supreme Court · 1887
- State ex rel. Jenkins v. HarlandWisconsin Supreme Court · 1889
- Fraser v. MulanyWisconsin Supreme Court · 1906
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