Legal Opinion

Jennings v. Johonnott

Wisconsin Supreme Court

Decided March 12, 1912PublishedCited by 5 opinions

Appeal from a judgment of tlie circuit court for Green county: Geoege Geimm, Circuit Judge. The plaintiff is the owner of lots 3, 4, and 5, and the north five feet of lot- 6, block 29, Carman’s addition to the city of Monroe. This property is located on the east side of Adams street and had been inclosed by a fence for many years.

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Appeal from a judgment of tlie circuit court for Green county: Geoege Geimm, Circuit Judge. The plaintiff is the owner of lots 3, 4, and 5, and the north five feet of lot- 6, block 29, Carman’s addition to the city of Monroe. This property is located on the east side of Adams street and had been inclosed by a fence for many years. Plaintiff also owned at one time other property lying immediately to the south of that described, and a hoard walk had been maintained adjacent to said property and on the east side of Adams street for about thirty-five years. One De Haven purchased from the…

1Opinion of the CourtBarNes, J.

The provisions of secs. 1326 and 1330, Stats. (1898), are applicable to cities. Sec. 1347, Stats. (1898) ; State v. Leaver, 62 Wis. 387, 22 N. W. 576; Pauer v. Albrecht, 72 Wis. 416, 39 N. W. 771; State v. Pomeroy, 73 Wis. 664, 41 N. W. 726; Hubbell v. Goodrich, 37 Wis. 84.

Tbe principal question in tbe case is whether tbe fence constituted an obstruction within tbe meaning of sec. 1326, Stats. *663(1898), or an encroachment within the meaning of sec. 1330. If the former, the city officials might summarily remove it; if the latter, they might not. Any object unlawfully placed within the limits of…

2Cases cited10 opinions

  1. Chase v. City of OshkoshWisconsin Supreme Court · 1892
  2. Bartlett v. BeardmoreWisconsin Supreme Court · 1890
  3. State v. LeaverWisconsin Supreme Court · 1885
  4. Konkel v. Town of PellaWisconsin Supreme Court · 1904
  5. Hubbell v. GoodrichWisconsin Supreme Court · 1875

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. . MalpassSupreme Court of North Carolina · 1925
  2. State v. MalpassSupreme Court of North Carolina · 1925
  3. State ex rel. Young v. MareschWisconsin Supreme Court · 1937
  4. Anger v. Al. G. Barnes Amusement Co.Wisconsin Supreme Court · 1924
  5. Collins v. StateWisconsin Supreme Court · 1916

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