Legal Opinion

Williams v. Smith

Wisconsin Supreme Court

Decided February 15, 1868PublishedCited by 23 opinions

APPEAL from the Circuit Court for Bock County. This action was brought by the City of Janesville, Bandall Williams, David W. Inman and several others.

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APPEAL from the Circuit Court for Bock County. This action was brought by the City of Janesville, Bandall Williams, David W. Inman and several others. The relief sought was, that defendants, etc., might be perpetually restrained from erecting or continuing any building on the premises described in the complaint and alleged to have been dedicated to-the public use as a “ public squarethat buildings already placed thereon by defendants might be removed; that Smith might be perpetually restrained from leasing any part of said premises; and that the same might be adjudged to be a public square.…

1Opinion of the CourtCole, J.

The object of this suit is to restrain the defendants from occupying or placing buildings or other structures upon a certain piece of ground within the corporate limits of the city of Janesville, claimed to be a “public square;” and also to have the said piece of ground declared to be a “ public square,” dedicated to public use as open ground or a common. The action is brought by the City of Janesville and certain persons who are the equitable owners and in possession of lots adjoining the public square, who insist that the ground shall be kept open for their benefit, and because it furnishes…

2Cases cited3 opinions

  1. Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
  2. Gardiner v. TisdaleWisconsin Supreme Court · 1853
  3. Blunt v. McCormickNew York Supreme Court · 1846

3Cited by23 opinions

  1. Village of Pewaukee v. SavoyWisconsin Supreme Court · 1899
  2. Tilly v. Mitchell & Lewis Co.Wisconsin Supreme Court · 1904
  3. Muncie Natural Gas Co. v. City of MuncieIndiana Supreme Court · 1903
  4. United States, Ex Rel. v. C., O. G. R. R. Co.Supreme Court of Oklahoma · 1895
  5. Pettibone v. HamiltonWisconsin Supreme Court · 1876

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