Ascherin v. City of Milwaukee

The objections to the petition of the applicants for incorporation raise issues of fact which are for judicial determination. The result of the inquiry must depend upon the surroundings, occupations of the residents, the location of the territory, and the presence or absence of forces tending to develop and affect the prospects of the proposed village. From the evidence offered in support of and in opposition to the application the court is required to *651find whether or not those marks or signs fixed by the legislature, as indicating a condition of territory and habitation fit for incorporation…