State ex rel. Evans v. James
Wisconsin Supreme Court
ERROR TO HTLWAUKEB CIRCUIT COURT. This is tbe case of an alternative writ of mandamus, issued by tbe Circuit Court of Milwaukee county to tbe defendants in error, wbicb, after referring to and citing an act of the legislature of tbe state of Wisconsin, entitled an act “ Of Highways and Bridges,”' of title 6 of chapter 16 of tbe Revised Statutes, and reciting tbe particular provisions of said act concerning tbe laying out of highways, set forth at large and in detail tbe…
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ERROR TO HTLWAUKEB CIRCUIT COURT. This is tbe case of an alternative writ of mandamus, issued by tbe Circuit Court of Milwaukee county to tbe defendants in error, wbicb, after referring to and citing an act of the legislature of tbe state of Wisconsin, entitled an act “ Of Highways and Bridges,”' of title 6 of chapter 16 of tbe Revised Statutes, and reciting tbe particular provisions of said act concerning tbe laying out of highways, set forth at large and in detail tbe petition of six or more freeholders for tbe laying out of a certain highway, in part through the improved lands of the…
1Opinion of the Court
*411By the Court,
Whitok, O. J.
We think that the judgment in this case must be affirmed. The finding of the jury, in the court below negatives the existence of the fact upon which the right of the relator to compensation depends, as it shows that his property has not been taken for the use of the public. The laying out of the road over the land of the plaintiff is not taking or appropriating it to the public use. The public acquire no right to travel upon it until a further act is done ; that is, until it is opened by order of the supervisors. This, under our statute, is necessary, before the…
2Cited by8 opinions
- Gibbons v. TerritoryCourt of Criminal Appeals of Oklahoma · 1911
- In re FantonNebraska Supreme Court · 1898
- In re State Treasurer's SettlementNebraska Supreme Court · 1897
- State v. VincentCourt of Appeals of Maryland · 1900
- State ex rel. Whedon v. SmithNebraska Supreme Court · 1898
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