State v. Clark
Wisconsin Supreme Court
APPEALS from tbe County Court of Fond du Lao County. The following statement of the case was prepared by Mr. Justice TatloR as a part of the opinion: These actions were brought in a justice’s court of Fond du Lac county to recover the penalty prescribed by sec. 1331, R. S., for not removing a fence, which it is alleged was an encroachment upon a public highway in the town of Eden, in said county of Fond du Lac.
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APPEALS from tbe County Court of Fond du Lao County. The following statement of the case was prepared by Mr. Justice TatloR as a part of the opinion: These actions were brought in a justice’s court of Fond du Lac county to recover the penalty prescribed by sec. 1331, R. S., for not removing a fence, which it is alleged was an encroachment upon a public highway in the town of Eden, in said county of Fond du Lac. The defendant appeared, and answered the complaints by general'denials. Judgments were rendered against the defendant in said justice’s court. From such judgments he appealed to the…
1Opinion of the CourtTaylor, J.
Tbe appellant alleges -as error on the hearing" in this court,— (1) that the fourth finding of fact by the court is wholly unsupported by the evidence; and (2) that the county court erred in refusing to give the defendant a jury trial, and holding that the defendant had waived his right to a jury trial because he did not demand such trial on the first day of the term at which the case was tried.
The county judge finds, as a fact, that notice to remove the fence in question was served on the defendant on the 4th day of December, 1883. The only evidence in the record which at all tends to show…
2Cases cited7 opinions
- State v. HuckWisconsin Supreme Court · 1871
- Hubbell v. GoodrichWisconsin Supreme Court · 1875
- Wyman v. StateWisconsin Supreme Court · 1861
- State ex rel. Reynolds v. BabcockWisconsin Supreme Court · 1877
- State v. EgererWisconsin Supreme Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. EstesOregon Supreme Court · 1898
- Martin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1890
- Kellar v. EarlWisconsin Supreme Court · 1898