State ex rel. Andrews v. City of Oshkosh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Block 40 of the Fourth ward of the city of Oshkosh is bounded on the north by Merritt street, east by Jefferson avenue, south by Washington street, and west by Main street. Prior to the dates herein mentioned there was an alley running through said block north and south, and near the middle thereof, about eight feet wide.
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APPEAL from the Circuit Court for Winnebago County. Block 40 of the Fourth ward of the city of Oshkosh is bounded on the north by Merritt street, east by Jefferson avenue, south by Washington street, and west by Main street. Prior to the dates herein mentioned there was an alley running through said block north and south, and near the middle thereof, about eight feet wide. The relator owned two lots, 6 and 7, each sixty feet wide, in about the middle of the block, fronting on Jefferson' avenue. On August 25, 1891, twenty-three lot-owners in said block petitioned the mayor and common council…
1Opinion of the CourtCassoday, J.
The proceedings for condemnation, mentioned in the foregoing statement, appear to have complied substantially with the several provisions of the charter as revised, consolidated, and amended by ch. 59, Laws of 1891. The citj7 is expressly empowered to condemn lands for alleys in the manner prescribed by subch. XX of the charter. Sec. 1. It is contended that the notice of the presentation of the petition to the court for such condemnation, as prescribed in sec. 6 of said subchapter and set forth in the foregoing statement, was insufficient to satisfy the requirement of the section of the…
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