In re Hayes
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Douglas ■county: A. J. Vinje, Circuit Judge. ■ Tbe plaintiff, Hiram Hayes, filed bis petition in tbe circuit ■court for Douglas county, setting up, among other things, a •description of tbe property in Hayes’s Addition to West Superior, and that, being tbe owner and proprietor of tbe land described in said addition, be caused tbe same to be surveyed and platted as Hayes’s Addition to West Superior, and duly filed in tbe office of…
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Appeal from an order of tbe circuit court for Douglas ■county: A. J. Vinje, Circuit Judge. ■ Tbe plaintiff, Hiram Hayes, filed bis petition in tbe circuit ■court for Douglas county, setting up, among other things, a •description of tbe property in Hayes’s Addition to West Superior, and that, being tbe owner and proprietor of tbe land described in said addition, be caused tbe same to be surveyed and platted as Hayes’s Addition to West Superior, and duly filed in tbe office of tbe register of deeds of tbe county of Douglas on tbe 30th day of August, 1890, such plat and caused tbe same to be…
1Opinion of the Court
Keewin, J".
It is plain from the allegations of tbe petition tbat tbe petitioner seeks to vacate part of a public street in tbe city of Superior under tbe provisions of secs. 2265, 2266, Stats. (1898). These statutes provide for tbe vacation of plats and not tbe vacation of streets, and tbe main question is-whether they authorize tbe maintenance of tbe case made by tbe petition. Sec. 2265 provides, in effect, tbat tbe circuit courts may, upon application of tbe proprietor or proprietors-of any recorded plat of land made under tbe provisions of any law of this state or upon application of tbe…
2Cases cited10 opinions
- State ex rel. Jameson v. DennyIndiana Supreme Court · 1889
- State v. StollSupreme Court of the United States · 1873
- In re Incorporation of Village of North MilwaukeeWisconsin Supreme Court · 1896
- Tilly v. Mitchell & Lewis Co.Wisconsin Supreme Court · 1904
- Johnston v. LonstorfWisconsin Supreme Court · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Vacation of Part of Town of HibbingSupreme Court of Minnesota · 1925
- In re HullSupreme Court of Minnesota · 1925
- Williams v. CraigWisconsin Supreme Court · 1936
- City of Madison v. Fuller & Johnson Manufacturing Co.Wisconsin Supreme Court · 1922