State ex rel. Smith v. Board of Supervisors
Wisconsin Supreme Court
APPEAL from the Circuit Court for Monroe County. This is an appeal from an order refusing to quash an alternative writ of mandamus.
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APPEAL from the Circuit Court for Monroe County. This is an appeal from an order refusing to quash an alternative writ of mandamus. The affidavit of the relator upon which the writ issued stated, among other things, that in November, 1881, and for a long time prior thereto, and ever since, the relator was and has been the owner of a part of the southwest quarter of the northwest quarter of section 11, and a part of the south half of the northeast quarter of section 10, and other and adjoining lands, all in township 16 north, range 4 west, in Monroe county, “ of which said ‘ other lands ’…
1Opinion of the Court
Cole, O. J.
It is insisted by the defendants’ counsel that the alternative writ in this case should have been quashed because it is not alleged in the relation that the overseer of highways, or some person acting under his direction, entered upon the lands and constructed the ditch which caused the injury of which the relator complains. It is alleged that the town board of supervisors caused the ditch to be constructed for the purpose of preserving and protecting the public highway. It is said that it is only where the work is done or the improvement made by the overseer himself, or some…
2Cases cited1 opinion
- Smith v. GouldWisconsin Supreme Court · 1884
3Cited by2 opinions
- State v. Pan American Co.Superior Court of Delaware · 1905
- Bay State Gas Co. v. StateSupreme Court of Delaware · 1904