Rude v. Town of St. Marie
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Green Lake county: Geo. W. BueNbll, Circuit Judge. This action was commenced June 29, 1901, to recover back $41.92 paid by tbe plaintiff under protest for tbe amount of special assessment against tbe plaintiff in tbe construction of a drain across bis lands.
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Appeal from a judgment of tbe circuit court for Green Lake county: Geo. W. BueNbll, Circuit Judge. This action was commenced June 29, 1901, to recover back $41.92 paid by tbe plaintiff under protest for tbe amount of special assessment against tbe plaintiff in tbe construction of a drain across bis lands. It appears from tbe record and is undisputed or found by tbe court, in effect: (3) That November 25, 1899, there was duly presented to tbe supervisors of tbe toAvn a petition in writing, signed by twenty freeholders residing therein, including one or more of the owners of portions of lands…
1Opinion of the CourtCassoday, C. J.
The proceedings in question were in pursuance of ch. 54, -Stats. 1898, entitled “Town Drains,” which authorizes the draining of “marsh, swamp or overflowed lands.” The lands affected by the drain were determined by the supervisors to be a marsh, and were located in two adjoining quarter sections in the defendant town. The plaintiff owned 120 acres thereof, and three other persons respectively owned portions of the other 200 acres. It appears that prior to such proceedings there had been an old ditch, and the proceedings were, in part at least, to widen and deepen the old ditch. There is no…
2Cases cited13 opinions
- Health Department v. Rector of Trinity ChurchNew York Court of Appeals · 1895
- Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
- Donnelly v. DeckerWisconsin Supreme Court · 1883
- State ex rel. Baltzell v. StewartWisconsin Supreme Court · 1889
- Bryant v. RobbinsWisconsin Supreme Court · 1887
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3Cited by4 opinions
- Thielen v. Metropolitan Sewerage CommissionWisconsin Supreme Court · 1922
- State ex rel. Kulike v. Town Clerk of the LebanonWisconsin Supreme Court · 1907
- Fraser v. MulanyWisconsin Supreme Court · 1906
- Chicago, Milwaukee & St. Paul Railway Co. v. Lemonweir River Drainage DistrictWisconsin Supreme Court · 1908