State v. Langer
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond dio Lac County. ■ Action to recover tbe statutory penalty for an alleged encroachment upon a highway, brought in the police court of the city of Eond du Lac, and removed to the circuit court on plea of title to land.
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APPEAL from tbe Circuit Court for Fond dio Lac County. ■ Action to recover tbe statutory penalty for an alleged encroachment upon a highway, brought in the police court of the city of Eond du Lac, and removed to the circuit court on plea of title to land. The complaint alleges the existence of the highway laid out and opened on a specified line; that it is a public highway, and was, on the 12th day of November, 1868, encroached upon by fences and a building erected by the defendant, specifying particularly the places and extent of such encroachments; that on the 20th day of November, 1868,…
1Opinion of the CourtCole, J.
On tbe trial below, the plaintiff did not rely upon the order laying out the highway to show that the proceedings had been regular and the notice given. But the state as well as the defendant went into proof upon that subject, and succeeded in showing, in the most satisfactory manner, that it had not been given. The defendant positively testified that there never was any written notice of the time and place at which the supervisors would meet and decide upon the application, either served upon him or left at his house. And the state failed to show that the notice was given. That the giving of…
2Cases cited2 opinions
- Austin v. AllenWisconsin Supreme Court · 1858
- Karber v. NellisWisconsin Supreme Court · 1867
3Cited by11 opinions
- Seifert v. BrooksWisconsin Supreme Court · 1874
- Jensen v. Board of Supervisors of Polk CountyWisconsin Supreme Court · 1879
- Regents of University of California v. MorrisCalifornia Court of Appeal · 1968
- Ruhland v. Supervisors of the Town of Hazel GreenWisconsin Supreme Court · 1882
- Donegan v. City of Los AngelesCalifornia Court of Appeal · 1930
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