Seifert v. Brooks
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. Action commenced in justice’s court and removed by appeal to the circuit court, where a trial by jury was waived. The complaint is in the usual form for trespass in breaking and entering plaintiff’s close and removing his fence.
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APPEAL from the Circuit Court for Fond du Lac County. Action commenced in justice’s court and removed by appeal to the circuit court, where a trial by jury was waived. The complaint is in the usual form for trespass in breaking and entering plaintiff’s close and removing his fence. The answer sets up as a justification an order of the board of trustees of the village of Waupun, directing him, as street commissioner, to open a certain street in the village, and alleges that the pretended trespasses were committed by him as street commissioner under said order. Section 38 of the charter of…
1Opinion of the CourtDixon, C. J.
Of what value is the constitutional guaranty (sec. 2, art 'XI), that “ no municipal corporation shall take private property for public use against the consent of the owner, without the necessity therefor being first established by the verdict of a jury,” if the owner of the property is to have no notice of the time and place of the meeting of the jury to inquire into and determine-upon the necessity? As determined in Lumsden v. Milwaukee, 8 Wis., 485, 494, the proceeding is strictly adversary; the corporation, representing the public, being the party on the one side, and the person whose…
2Cases cited5 opinions
- Damp v. Town of DaneWisconsin Supreme Court · 1872
- Karber v. NellisWisconsin Supreme Court · 1867
- Lumsden v. City of MilwaukeeWisconsin Supreme Court · 1859
- Hood v. FinchWisconsin Supreme Court · 1859
- State v. LangerWisconsin Supreme Court · 1871
3Cited by16 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Ekern v. McGovernWisconsin Supreme Court · 1913
- Dietz v. City of NeenahWisconsin Supreme Court · 1895
- Lacher v. VenusWisconsin Supreme Court · 1922
- Sterritt v. YoungWyoming Supreme Court · 1905
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