Legal Opinion

Ballard v. City of Appleton

Wisconsin Supreme Court

Decided June 15, 1870PublishedCited by 6 opinions

APPEAL from the Circuit Court for Outagamie County. Block 29, in the city of Appleton, was bounded south by College avenue, north by Edwards street, east by Durkee street, and west by Morrison street.

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APPEAL from the Circuit Court for Outagamie County. Block 29, in the city of Appleton, was bounded south by College avenue, north by Edwards street, east by Durkee street, and west by Morrison street. In December, 1855, the municipal authorities passed an ordinance, laying out through block 29 a street called Johnson street, described as follows: “ The southerly line commencing at a point on the east line of Morrison street, 120 feet north of the north line of College avenue, and thence running east parallel with said north line to the west line of Durkee street; the northerly line commencing…

1Opinion of the CourtCole, J.

The counsel for the plaintiff raises no question as to the dedication of a strip of land, sixty feet in width, running through block twenty-nine, one hundred and twenty feet north of and parallel to College avenue. But he insists that the court below should have clearly defined the boundaries of that street, by finding that it was only sixty feet wide, and thus definitively settled all question as to the right of the city to occupy the adjoining strip, twelve and a half feet wide, on the north, for any purpose whatever. The court found, as a matter of fact, “ that a strip of land, sixty feet…

2Cited by6 opinions

  1. Grubbs v. North Carolina Home InsuranceSupreme Court of North Carolina · 1891
  2. Fifield v. Marinette CountyWisconsin Supreme Court · 1885
  3. Hixon v. Oneida CountyWisconsin Supreme Court · 1892
  4. Gilkey v. City of MerrillWisconsin Supreme Court · 1886
  5. Pitser v. City of PawneeSupreme Court of Oklahoma · 1915

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