Whitten v. City of Milwaukee

A proceeding for the incorporation of a village and a proceeding for the annexation of adjacent territory to a city are governed by statute. Conflicts have arisen in the past as to which proceeding has precedence. The general rule is stated in the case of In re Incorporation of Village of St. Francis, 208 Wis. 431, 436, 243 N. W. 315, as follows:

“Where the two proceedings are begun about the same time and in good faith, undoubtedly some reasonable arrangement can be made which would be more satisfactory to applicants than a dismissal of their proceeding; but the universal rule as gathered…