State v. Huck
Wisconsin Supreme Court
ERROR to tlie Circuit Court for Fond du Lac County. The action below was commenced before a police justice of the city of Fond du Lac, to recover a penalty, under R. S., ch. 19, secs. 102 and 103, for an alleged encroachment upon a highway.
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ERROR to tlie Circuit Court for Fond du Lac County. The action below was commenced before a police justice of the city of Fond du Lac, to recover a penalty, under R. S., ch. 19, secs. 102 and 103, for an alleged encroachment upon a highway. The complaint, which was oral, charged certain encroachments, specifying them particularly, upon a certain highway in the town of Empire in that county; alleged the making and service of a proper order of the town supervisors for the removal of such encroachments, more than thirty days previous to the commencement of the action, and their non-removal, and…
1Opinion of the Court
Dixon, O. J.
The cases of State v. Doane, 14 Wis., 483, and Barteau v. The City of Appleton, 23 id., 414, are decisive of this appeal, and show that the judgment of the circuit court must be reversed. Both were actions lite the present, commenced before a justice of the peace to recover a forfeiture under the statute for the obstruction of a highway. In the former the defendant answered, as was done in this case, but in writing, denying the existence of the alleged highway, and aver-‘ing that the premises in question were his land and freehold, and in his possession. The defendant there…
2Cases cited2 opinions
- Owens v. StateWisconsin Supreme Court · 1871
- State v. DoaneWisconsin Supreme Court · 1861
3Cited by15 opinions
- State v. PrestonWisconsin Supreme Court · 1874
- Cook v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1898
- Moline, Milburn & Stoddard Co. v. CurtisNebraska Supreme Court · 1893
- Bird v. KleinerWisconsin Supreme Court · 1876
- State v. Columbian National Life InsuranceWisconsin Supreme Court · 1910
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