State ex rel. Schroeder v. Behnke
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauk county: James O’ETeill, Judge. This is an action of mandamus by Henry Schroeder as relator to compel the town hoard of Excelsior to open up a new road as laid out by commissioners appointed by the county court of Sauk county. Henry Schroeder and five other residents of Excelsior petitioned the town hoard of Excelsior to lay out a road and discontinue a part of an old one in the town of Excelsior.
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Appeal from a judgment of the circuit court for Sauk county: James O’ETeill, Judge. This is an action of mandamus by Henry Schroeder as relator to compel the town hoard of Excelsior to open up a new road as laid out by commissioners appointed by the county court of Sauk county. Henry Schroeder and five other residents of Excelsior petitioned the town hoard of Excelsior to lay out a road and discontinue a part of an old one in the town of Excelsior. The petitioners state that the old road, on which is a bridge spanning a creek, was built by the town with county aid, and that this old road is…
1Opinion of the Court
Tbe following opinion was filed April 24, 1917:
SiebecKER, J.
Tbe ruling of tbe trial court to tbe effect that tbe town board bad no jurisdiction in tbe matters presented by tbe petition of tbe resident freeholders of tbe town for laying out a new road and discontinuing an old one was based on tbe grounds that tbe town board, under tbe provisions of sec. 1265, Stats., as amended by cb. 605, Laws 1911, bad no “power or authority to alter, change, or discontinue . . . any highway or portion thereof which shall have been improved by tbe county board by tbe expenditure thereon of county money.” Tbe…
2Cases cited2 opinions
- Hark v. GladwellWisconsin Supreme Court · 1880
- State v. ReesaWisconsin Supreme Court · 1883
3Cited by4 opinions
- Miller v. City of WauwatosaWisconsin Supreme Court · 1979
- Grunwaldt v. City of MilwaukeeWisconsin Supreme Court · 1967
- Huening v. ShenkenbergWisconsin Supreme Court · 1932
- Miller Investment Co. v. City of MilwaukeeWisconsin Supreme Court · 1932