State ex rel. Reynolds v. Babcock
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Walworth County. This action was brought to recover a penalty wbicb tbe complaint alleges tbe defendant became liable to pay under sec. 106, cb. 152, Laws of 1869, for failing to remove encroachments from a highway in tbe town of Troy, in Walworth county, within thirty days after the filing with the proper town clerk of the certificate of a jury finding such encroachment.
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APPEAL from tbe Circuit Court for Walworth County. This action was brought to recover a penalty wbicb tbe complaint alleges tbe defendant became liable to pay under sec. 106, cb. 152, Laws of 1869, for failing to remove encroachments from a highway in tbe town of Troy, in Walworth county, within thirty days after the filing with the proper town clerk of the certificate of a jury finding such encroachment. The answer “ denies that there is any legal road or highway at the place where it is alleged in said complaint to be encroached upon as a highway,” and alleges defendant’s ownership and…
1Opinion of the CourtLyoN, J.
There is no denial in the answer that the locus *148claimed to be a highway was encroached upon by the defendant, but only a denial that the same is a highway. Hence, the controlling questions are: Had a highway previously been laid out and opened where the encroachments were placed or maintained by the defendant? And, if so, were such proceedings had as to render the defendant liable to the penalty imposed by the statute?
The highway must have been “ laid out and opened,” to render the defendant liable to a penalty for encroaching upon it. E. S., ch. 19, secs. 102-106 (Tay. Stats., 508, §§…
2Cases cited2 opinions
- State v. HuckWisconsin Supreme Court · 1871
- Soule v. StateWisconsin Supreme Court · 1865
3Cited by6 opinions
- Meservey v. GullifordIdaho Supreme Court · 1908
- City of Richmond v. Supervisors of Henrico CountySupreme Court of Virginia · 1887
- Robinson v. RohrWisconsin Supreme Court · 1889
- Jacobosky v. Town of AhnapeeWisconsin Supreme Court · 1944
- State v. SiegelWisconsin Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.