Marlatt v. Chipman
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Columbia county: Chester A. Eowler, Circuit Judge. A certiorari action was commenced in the circuit court for Columbia county to review proceedings had to establish a highway in the town of Leeds in Columbia county and Windsor in Dane county. The town boards, in due proceedings as was supposed, refused to lay out the highway.
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Appeal from a judgment of tbe circuit court for Columbia county: Chester A. Eowler, Circuit Judge. A certiorari action was commenced in the circuit court for Columbia county to review proceedings had to establish a highway in the town of Leeds in Columbia county and Windsor in Dane county. The town boards, in due proceedings as was supposed, refused to lay out the highway. Thereupon application was made under sec. 1276, Stats.; for appointment of commissioners to review the adverse determination. Such commissioners were appointed and, in due course, reversed the action of the town boards.…
1Opinion of the CourtMaRshalu, J.
As indicated in the statement, the sole question passed upon below is whether the bond given on appeal was sufficient to afford the county judge jurisdiction to appoint the commissioners. The purpose of the bond is evident on its face and from all the characterizing circumstances. The proceedings were referable to secs. 1216 and 1277, Stats. That means that the intention was to secure the contingent obligation to pay costs in case of the appeal not being successful, yet the word “not,” of the statute, was omitted making the bond nonsensical. The county judge took the bond according to its…
2Cases cited9 opinions
- United States Fidelity & Guaranty Co. v. PoetkerIndiana Supreme Court · 1913
- Telford v. City of AshlandWisconsin Supreme Court · 1898
- Neacy v. Board of SupervisorsWisconsin Supreme Court · 1910
- Drinkwine v. City of Eau ClaireWisconsin Supreme Court · 1892
- Oshkosh Water Works Co. v. City of OshkoshWisconsin Supreme Court · 1900
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3Cited by1 opinion
- State ex rel. Dorwin v. WhiteWisconsin Supreme Court · 1915