Bekkedahl v. Village of Westby
Wisconsin Supreme Court
Appeal from an order of the circuit court for Vernon county: James O’Neill, Judge. Tbis is an appeal from an order sustaining a demurrer to-tbe plaintiff’s complaint.
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Appeal from an order of the circuit court for Vernon county: James O’Neill, Judge. Tbis is an appeal from an order sustaining a demurrer to-tbe plaintiff’s complaint. Tbe complaint alleges in effect that tbe plaintiff is, and bas been for many years, tbe owner of a certain lot used and occupied as bis residence in tbe defendant village, and wbicb abuts on La Crosse street, and' that plaintiff bas greatly improved tbe dwelling bouse upon-said premises, and that said property is of tbe value off $10,000; that in front of said residence and just inside of the-street line of said La Orosse street…
1Opinion of the CourtKeewiN, J.
The substance of the complaint is set out in the statement of facts. The principal charge is that defendants are about to interfere with a part of a public street and that the village board is acting under a petition in so doing. There are no allegations in the complaint going to show that *234all tbe steps required by law were not taken in tbe proceeding to make tbe improvement. Tbe village having tbe right to improve tbe street, and it proceeding on petition to do so, it must be presumed that it is acting lawfully in tbe absence of any allegation to tbe contrary. Subd. 11, sec. 893, Stats.…
2Cases cited3 opinions
- Damkoehler v. City of MilwaukeeWisconsin Supreme Court · 1905
- Benson v. President of the WaukeshaWisconsin Supreme Court · 1889
- McCullough v. Village of CampbellsportWisconsin Supreme Court · 1904
3Cited by5 opinions
- Doehler Metal Furniture Co. v. United StatesCourt of Appeals for the Second Circuit · 1945
- Jones v. City of HoustonCourt of Appeals of Texas · 1916
- Doehler Metal Furniture Co. v. United StatesCourt of Appeals for the Second Circuit · 1945
- Gilliland v. City of Fort WorthCourt of Appeals of Texas · 1942
- Haverford School v. Department of Highways, Pennsylvania Court of Common Pleas, Dauphin County1926