State ex rel. Supervisors of the Town of Iola v. Nelson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. A petition was presented to the board of supervisors of Iola to alter a highway in that town. The board met at the time and place appointed for the purpose of deciding the application, and denied it. The present appellant, Neis O. Nelson, thereupon took an appeal from such determination, and such proceedings were had therein that commissioners were appointed to review the action of the supervisors.
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APPEAL from the Circuit Court for Waupaca County. A petition was presented to the board of supervisors of Iola to alter a highway in that town. The board met at the time and place appointed for the purpose of deciding the application, and denied it. The present appellant, Neis O. Nelson, thereupon took an appeal from such determination, and such proceedings were had therein that commissioners were appointed to review the action of the supervisors. The commissioners reversed the order of the supervisors refusing to make the alterations prayed for. Thereupon the supervisors sued out of the…
1Opinion of the CourtLyor, J.
We quite agree with the learned counsel for the respondents that the statutes relating to the laying out of highways must be construed with reasonable strictness, and that, on certiorari to officers or tribunals not judicial, the courts will review and correct substantial errors in the proceedings, which do not go to the jurisdiction of such officers or tribunals. We further agree that if the supervisors had not jurisdiction to make the order refusing to alter the highway in question, the court properly reversed the determination of the commissioners, although no error or irregularity…
2Cases cited3 opinions
- Damp v. Town of DaneWisconsin Supreme Court · 1872
- Williams v. MitchellWisconsin Supreme Court · 1880
- Brock v. HishenWisconsin Supreme Court · 1876
3Cited by15 opinions
- Allen v. City of PortlandOregon Supreme Court · 1899
- Bartlett v. Eau Claire CountyWisconsin Supreme Court · 1901
- Fopper v. Town of WheatlandWisconsin Supreme Court · 1884
- Stiewel v. Fencing District No. 6Supreme Court of Arkansas · 1902
- Chapman v. HendersonSupreme Court of Arkansas · 1934
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