Paine Lumber Co. v. City of Oshkosh
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. BubNelb, Circuit Judge. ■ This action was brought to obtain a perpetual injunction against the defendant,' its officers, agents, etc., restraining’ them from opening or attempting to open Ilenry street between High street and Pearl street in said city, and from removing or attempting to remove the fences and buildings within the said limits of Henry street.
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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. BubNelb, Circuit Judge. ■ This action was brought to obtain a perpetual injunction against the defendant,' its officers, agents, etc., restraining’ them from opening or attempting to open Ilenry street between High street and Pearl street in said city, and from removing or attempting to remove the fences and buildings within the said limits of Henry street. The plaintiff claimed to be the owner of blocks 119 and 122 of the replat of Winnebago in the Fifth ward of the city of Oshlcosh, bounded on.the north by West Algoma…
1Opinion of the CourtPiNNby, J.
1. The appellant claims that the premises in ■dispute, by reason of the replats mentioned,' which were recorded, respectively, in 1859 and in 1870, became a public ■street of the city, which it has the right, through its officers, to now' open for public travel; and the plaintiff resists this claim on the ground that the city and its officers are es-topped by matter in pais from enforcing such claim. The replats so made and recorded by the proprietors of the lands operated as a statutory dedication and conveyance of the land intended to be for streets, alleys, ways, commons, or other public…
2Cases cited11 opinions
- Gardiner v. TisdaleWisconsin Supreme Court · 1853
- Pettibone v. HamiltonWisconsin Supreme Court · 1876
- Kimball v. City of KenoshaWisconsin Supreme Court · 1856
- Reilly v. City of RacineWisconsin Supreme Court · 1881
- Goodrich v. City of MilwaukeeWisconsin Supreme Court · 1869
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Krause v. City of El PasoTexas Supreme Court · 1907
- Murphy v. King CountyWashington Supreme Court · 1907
- Sowadzki v. Salt Lake CountyUtah Supreme Court · 1909
- Wall v. Salt Lake CityUtah Supreme Court · 1917
- City of Ashland v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
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