State v. Egerer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oalumet County. Action brought in the circuit court to recover a penalty for an alleged encroachment by the defendant upon a public highway on the line between the towns of Stockbridge and Brothertown, in the county of Calumet.
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APPEAL from the Circuit Court for Oalumet County. Action brought in the circuit court to recover a penalty for an alleged encroachment by the defendant upon a public highway on the line between the towns of Stockbridge and Brothertown, in the county of Calumet. The complaint alleges that before 1881 the defendant built a rail fence at a specified place within the limits of such highway, and still maintains the same; and that by an order of the supervisors of those towns, duly made and filed, the highway so encroached upon was assigned to the town of Brothertown, to be maintained and repaired…
1Opinion of the CourtLyon, J.
The complaint assumes to state the specific .grounds of the action. This was unnecessary under the statute, which provides that in such an action “ it shall be sufficient to allege in the complaint that the defendant is indebted to the plaintiff in the amount of the forfeiture -claimed, according to the provisions of the statute which imposes it, specifying the section, and chapter containing such statute.” E. S., 842, sec. 3295. The word “forfeiture,” as thus employed, includes a penalty. Sec. 3294. True, the complaint alleges an indebtedness under the provisions of sec. 1330, E. S., but…
2Cases cited2 opinions
- Teetshorn v. HullWisconsin Supreme Court · 1872
- Kellam v. TomsWisconsin Supreme Court · 1875
3Cited by6 opinions
- Hoard v. GilbertWisconsin Supreme Court · 1931
- State v. JewellWisconsin Supreme Court · 1947
- State v. ClarkWisconsin Supreme Court · 1886
- Kellar v. EarlWisconsin Supreme Court · 1898
- Mitchell Iron & Land Co. v. Flambeau Land Co.Wisconsin Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.