Town of Woodman v. Bohan
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Grant county: Geo. Clementsoh, Circuit Judge. This action was commenced to recover damages for obstructing a highway, and to perpetually enjoin the defendant from further obstructing 'or interfering with travel on said highway. The answer denied all liability, and also denied that the loom in quo was a public highway.
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Appeal from a judgment of the circuit court for Grant county: Geo. Clementsoh, Circuit Judge. This action was commenced to recover damages for obstructing a highway, and to perpetually enjoin the defendant from further obstructing 'or interfering with travel on said highway. The answer denied all liability, and also denied that the loom in quo was a public highway. At the close of the trial it was found by the jury and the court, in effect, that said highway, since January 3, 1849, was, up to the time of the commencement of this action, a legally established and traveled highway, and used…
1Opinion of the CourtCassoday, C. J.
The qualified electors of each town, have' power, at any annual town meeting, to direct the institution, and defense of all actions in which the town is a party or interested ; to employ all necessary agents and attorneys for; the prosecution or defense of the same; and to raise such sums of money for that purpose as they may deem proper. S. & B. Ann. Stats, sec. 776, subd. 2. Under this statute-this court has repeatedly held, in effect, that an action in which the town is a party or interested cannot be maintained without such authority from the electors, unless the' authority to commence or…
2Cases cited3 opinions
- State ex rel. Town of Manitowoo v. County Clerk of Manitowoo CountyWisconsin Supreme Court · 1883
- State ex rel. Town of Baraboo v. Board of SupervisorsWisconsin Supreme Court · 1888
- Town of Fox Lake v. President of Fox LakeWisconsin Supreme Court · 1885
3Cited by5 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- State ex rel. Geneva School District No. 1 v. MitchellWisconsin Supreme Court · 1933
- Fondtosa Highlands, Inc. v. Paramount Development Co.Wisconsin Supreme Court · 1933
- Lehr v. MurphyWisconsin Supreme Court · 1908
- Town of Cady v. BaileyWisconsin Supreme Court · 1897