Legal Opinion

Harrison v. Board of Supervisors of Milwaukee County

Wisconsin Supreme Court

Decided April 19, 1881PublishedCited by 17 opinions

APPEALS from the County Court of Milwaukee County. These are cross appeals from the same judgment. The case is thus stated by Mr. Justice Tayloe : “ This» was an action brought by Stephen A. Harrison against the board of supervisors of Milwaukee county — Jonas I. Fraunfelter, Frederick Nieman and Julius Q. Wagner,— for the purpose of restraining them from making an improvement upon a highway in said county by filling up and constructing a trestle-work over a ravine across…

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APPEALS from the County Court of Milwaukee County. These are cross appeals from the same judgment. The case is thus stated by Mr. Justice Tayloe : “ This» was an action brought by Stephen A. Harrison against the board of supervisors of Milwaukee county — Jonas I. Fraunfelter, Frederick Nieman and Julius Q. Wagner,— for the purpose of restraining them from making an improvement upon a highway in said county by filling up and constructing a trestle-work over a ravine across which said l’oad passed, and adjoining which the plaintiff, owned real estate. “ The grounds of the complaint were, that…

1Opinion of the CourtTavlqR, J.

The board of supervisors, upon■>their appeal, insist that no mandatory injunction should have been granted requiring them to remove so much of the embankment as rests upon the plaintiff’s land outside of the limits of the highway. The reason urged is, that the court made an order granting the plaintiff a preliminary injunction to prevent them from extending their embankment upon the plaintiff’s land, before any work had been done, and that the plaintiff refused or neglected to render such order effectual by giving the bond required, and permitted the work to go on. It is said that the…

2Cases cited17 opinions

  1. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
  2. Daniels v. TearneySupreme Court of the United States · 1880
  3. Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
  4. Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
  5. Mills v. CharletonWisconsin Supreme Court · 1872

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3Cited by17 opinions

  1. Milwaukee County v. IsenringWisconsin Supreme Court · 1901
  2. Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
  3. Webster v. Douglas CountyWisconsin Supreme Court · 1899
  4. Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
  5. Colclough v. City of MilwaukeeWisconsin Supreme Court · 1896

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