State ex rel. Wood v. Goldstucker
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. The relator sued out from said circuit court a writ of certi-orari directed to L. GoldsPucleer, as justice »of the peace, and 8. B. Btanchfield, as clerk of the town of Pond du Lac, to bring up for review certain proceedings taken to lay out a proposed highway in said town.
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APPEAL from the Circuit Court for Fond du Lac County. The relator sued out from said circuit court a writ of certi-orari directed to L. GoldsPucleer, as justice »of the peace, and 8. B. Btanchfield, as clerk of the town of Pond du Lac, to bring up for review certain proceedings taken to lay out a proposed highway in said town. Each of the respondents made return to the writ; and the circuit court, after a hearing, affirmed the order of the commissioners appointed by the respondent Goldstucleer, in the matter of such highway. Prom such order of affirmance the plaintiff appealed. The essential…
1Opinion of the CourtCole, J.
It is objected that James Wood bad no right to intervene in the proceedings to lay out the highway, for the purpose of having the action of the commissioners reviewed on certiorari. This position is untenable. The proposed highway passed through his land, and it seems too plain for argument that be was not a stranger to the proceedings which so materially affected bis rights and interests. He bad the undoubted right to take steps in bis own name to review the action of the authorities in that behalf. This view leads to the inquiry, whether the proceedings in laying out the highway conformed…
2Cases cited3 opinions
- Bull v. ConroeWisconsin Supreme Court · 1860
- Laver v. McGlachlinWisconsin Supreme Court · 1871
- State ex rel Sherman v. Common CouncilWisconsin Supreme Court · 1865
3Cited by13 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Chicago & Northwestern Railway Co. v. Langlade CountyWisconsin Supreme Court · 1883
- City of Indianapolis v. HigginsIndiana Supreme Court · 1895
- In re BurkeWisconsin Supreme Court · 1890
- State ex rel. Brewster v. DoaneSupreme Court of Kansas · 1916
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