Legal Opinion

State ex rel. Milwaukee, Lake Shore & Western Railway Co. v. O'Connor

Wisconsin Supreme Court

Decided December 16, 1890PublishedCited by 4 opinions

APPEAL from tbe Circuit Court for Oneida County. Upon tbe petition of more than six resident freeholders of tbe town and village of Eagle Eiver in Oneida county, and certain proceedings subsequent thereto, tbe supervisors of that town made an order, which was duly recorded, attempting to lay out and establish a public highway across the right of way of the Milwaukee, Lake Shore de Western Railviay Company, in said village, which is a part of said town and subject to the…

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APPEAL from tbe Circuit Court for Oneida County. Upon tbe petition of more than six resident freeholders of tbe town and village of Eagle Eiver in Oneida county, and certain proceedings subsequent thereto, tbe supervisors of that town made an order, which was duly recorded, attempting to lay out and establish a public highway across the right of way of the Milwaukee, Lake Shore de Western Railviay Company, in said village, which is a part of said town and subject to the jurisdiction of such supervisors. The Milwaukee, Lake Shore do Western Lailway Company sued out a writ of certiorari to…

1Opinion of the CourtLyoN, J.

The validity of the petition or application for the highway, of the notice of the meeting of the supervisors to decide upon the same, of the service of such notice, and of the order laying out the highway, is challenged by the learned counsel for the railway company, the appellant, on various grounds.

1. It is claimed that the description of the proposed • highway in the petition is insufficient. "We think otherwise. It may readily be ascertained therefrom, and from the references therein to the recorded plats of additions to - the village of Eagle Eiver, that it calls for an extension of…

2Cases cited2 opinions

  1. State ex rel. Supervisors of the Town of Iola v. NelsonWisconsin Supreme Court · 1883
  2. Jackson v. RankinWisconsin Supreme Court · 1886

3Cited by4 opinions

  1. St. Louis & San Francisco Railroad v. BurgessSupreme Court of Kansas · 1905
  2. Schillock v. JonesWisconsin Supreme Court · 1911
  3. Genske v. VeithWisconsin Supreme Court · 1922
  4. Michelet v. Board of CommissionersNew Mexico Supreme Court · 1915

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