Town of Fulton v. Pomeroy
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eock county: B. F. DuNwiddie, Circuit Judge. This is a proceeding brought by the supervisors of the town of Fulton to secure the removal of an alleged encroachment upon a highway in said town, under the provisions of secs. 1330-1337, Stats. 1898. The notice required by sec. 1330 was duly served upon the defendant, who thereupon served on the supervisors a notice denying the encroachment, and application was then made to a…
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Appeal from a judgment of the circuit court for Eock county: B. F. DuNwiddie, Circuit Judge. This is a proceeding brought by the supervisors of the town of Fulton to secure the removal of an alleged encroachment upon a highway in said town, under the provisions of secs. 1330-1337, Stats. 1898. The notice required by sec. 1330 was duly served upon the defendant, who thereupon served on the supervisors a notice denying the encroachment, and application was then made to a justice of the peace for the appointment of a jury to try the question of encroachment, which jury, after trial of the…
1Opinion of the Court
"WiNSLow, J.
Thig is a statutory proceeding by the town of Fulton to compel the removal of defendant’s fence on the ground that it is an encroachment upon a highway, and it is claimed on the part of the defendant that in a previous action brought in the name of the state to recover á penalty for obstructing the highway^ it was finally determined that there was no highway where the fence stands, and that this determination is res adgudieata in the present case. The question of the effect of the previous judgment after its af-firmance by this court (State v. Pomeroy, 73 Wis. 664) is really the…
2Cases cited9 opinions
- People v. SkidmoreCalifornia Supreme Court · 1865
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- Trescott v. BarnesSupreme Court of Iowa · 1879
- Finch v. HollingerSupreme Court of Iowa · 1877
- Smith v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1892
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