Smart v. Hart
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: This is an action brought by the respondent to restrain the appellants, the supervisors of the towm of Waukesha, and commissioners of the village of Waukesha, from opening a highway laid out by them, part of which is in said town of Waukesha and is laid across lands belonging to the plaintiff, and a portion of which highway so…
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APPEAL from the Circuit Court for Waukesha County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: This is an action brought by the respondent to restrain the appellants, the supervisors of the towm of Waukesha, and commissioners of the village of Waukesha, from opening a highway laid out by them, part of which is in said town of Waukesha and is laid across lands belonging to the plaintiff, and a portion of which highway so laid, out includes within its bounds a part of the fences, buildings, fixtures, and inclosure of the plaintiff about his…
1Opinion of the CourtTavlok, J.
The learned counsel for the appellants contend that there is no equity in the claim made by the plaintiff, and insist that, although the plaintiff may have made a case showing that the supervisors and commissioners have exceeded their statutory authority in laying á part of the said highway through and upon a building or fixture of the plaintiff, and through and upon the yard or inclosure necessary to the use and enjoyment of the same, within the letter of the statute prohibiting them from so doing (see sec. 1263, R. S. 1878), yet they have not violated the spirit of said restraining section.
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2Cases cited5 opinions
- Church v. Joint School District No. 12Wisconsin Supreme Court · 1882
- Oliver v. TownWisconsin Supreme Court · 1869
- Uren v. WalshWisconsin Supreme Court · 1883
- Flanders v. WoodWisconsin Supreme Court · 1869
- Seymour v. StateWisconsin Supreme Court · 1865
3Cited by8 opinions
- Great Eastern Casualty Co. v. BlackwelderCourt of Appeals of Georgia · 1918
- Hurley v. Board of Mississippi Levee CommissionersMississippi Supreme Court · 1898
- Le Blond v. Town of PeshtigoWisconsin Supreme Court · 1909
- Concord v. MorganSupreme Court of New Hampshire · 1906
- Miller v. HoeschlerWisconsin Supreme Court · 1904
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