City of Shawano v. Cayouette
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Shaw-ano county: JohN GoodlaNe, Circuit Judge. This is an action in equity commenced by the city of Shanvcmo to compel defendants to remove an incumbrance from one of the public streets of the city.
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Appeal from a judgment of tbe circuit court for Shaw-ano county: JohN GoodlaNe, Circuit Judge. This is an action in equity commenced by the city of Shanvcmo to compel defendants to remove an incumbrance from one of the public streets of the city. The complaint alleges the incorporation of the city, that the common council took proper steps to institute proceedings for the removal of the encroachment complained of in this action, and that the defendants, as tenants and owners of the lot in question, abutting on Andrews street, one of the public streets of the city, maintained a woodshed…
1Opinion of the Court
Siebeckeb, T.
Appellant’s attack upon the findings of fact of the trial court is particularly directed to the finding that the encroachment upon the public street, as alleged and specified in the complaint, was not supported by the evidence. The bill of exceptions in the case does not contain any written exception to the findings made by the court. That exceptions to findings are necessary under the statute to a review on appeal of the evidence on the issues covered by the court’s findings is clearly established by the decisions of this court. Secs. 2870, 2875, Stats. (1898) ; Treloar v.…
2Cases cited6 opinions
- Taft v. KesselWisconsin Supreme Court · 1862
- Bailey v. CostelloWisconsin Supreme Court · 1896
- Evenson v. BatesWisconsin Supreme Court · 1883
- Lederer v. Estate of KohnWisconsin Supreme Court · 1898
- Nichols v. City of SuperiorWisconsin Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kranz v. TavisNorth Dakota Supreme Court · 1922