Legal Opinion

Bull v. Conroe

Wisconsin Supreme Court

Decided January 2, 1860PublishedCited by 34 opinions

APPEAL from the Circuit Court for Racine County. The plaintiff, who was a married man, became seized in fee in 1848, of a tract of land containing a little less than twenty-two acres, situate near the city of Racine, and which has ever since been used by him for agricultural purposes only, and occupied by him and his family as a homestead.

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APPEAL from the Circuit Court for Racine County. The plaintiff, who was a married man, became seized in fee in 1848, of a tract of land containing a little less than twenty-two acres, situate near the city of Racine, and which has ever since been used by him for agricultural purposes only, and occupied by him and his family as a homestead. In March, 1856, this land, which had never been included in any town plot, city or village, was annexed to and included in the city of Racine, by force of chap. 83 of the private and local laws of that year, without the assent and against the wish of the…

1Opinion of the Court

By the Court,

DixoN, O. J.

I entirely concur with, tbe counsel for tbe respondent in tbe position tbat all parts of-tbe constitution are equally binding' and imperative, and tbat it is as susceptible of violation in respect to tbe positive prescriptions of duty wbicb it contains, as to tbe restraints wbicb it places upon tbe powers of tbe several departments of tbe government. A continued disregard by tbe legislative or any other branch, of tbe duties imposed upon it, would be as productive of evil to tbe community at large, and as destructive of tbe objects /for wbicb tbe constitution was…

2Cases cited1 opinion

  1. Phelps v. RooneyWisconsin Supreme Court · 1860

3Cited by34 opinions

  1. Durkee v. City of JanesvilleWisconsin Supreme Court · 1871
  2. City of Janesville v. CarpenterWisconsin Supreme Court · 1890
  3. Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976) · 1931
  4. Brearley School, Ltd. v. WardNew York Court of Appeals · 1911
  5. Chicago, Milwaukee & St. Paul Railway Co. v. StateWisconsin Supreme Court · 1881

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