Hood v. Finch
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, RACINE COUNTY. The complaint in this action alleges that on or about the 17th day of July, A. D. 1857, the defendant forcibly entered upon lands owned and occupied by the plaintiff, in the fourth ward of the city of Racine, and tore down the fences and destroyed the crops thereon.
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APPEAL PROM CIRCUIT COURT, RACINE COUNTY. The complaint in this action alleges that on or about the 17th day of July, A. D. 1857, the defendant forcibly entered upon lands owned and occupied by the plaintiff, in the fourth ward of the city of Racine, and tore down the fences and destroyed the crops thereon. The defendant denied generally the allegations contained in the complaint, and justified the acts complained of by alleging that at the time of the commission thereof, the premises described in the complaint were a public street, and that the defendant committed the same by virtue of his…
1Opinion of the Court
*386 By theOourt,
Cole, J.
There has been no brief furnished us by the counsel for the respondent, and we are ignorant of the points upon which he relies to sustain the charge of the circuit court. From the case presented, we cannot see how the charge can be sustained. The respondent justified the acts complained of upon the ground that at the time of the commission thereof, the premises were a public street, and that he committed said acts by virtue of his office as city marshal in opening the street. The proceedings of the common council offered in evidence by him for the purpose of showing that…
2Cited by11 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Dietz v. City of NeenahWisconsin Supreme Court · 1895
- State ex rel. Flint v. Common Council of Fond du LacWisconsin Supreme Court · 1877
- Langford v. County CommissionersSupreme Court of Minnesota · 1871
- Seifert v. BrooksWisconsin Supreme Court · 1874
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