State v. Smith
Wisconsin Supreme Court
APPEAL from the County Court of Dodge County. In June, 1878, Snyder, overseer of tbe road district in which the defendant, Smith, resided, dug a ditch on the south side of the public road, in front of Smith's store, for the purpose of letting the water off from said road, and the defendant filled it up October 23, 1878; and this action was brought in a justice’s court to recover a penalty of $25 for such filling.
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APPEAL from the County Court of Dodge County. In June, 1878, Snyder, overseer of tbe road district in which the defendant, Smith, resided, dug a ditch on the south side of the public road, in front of Smith's store, for the purpose of letting the water off from said road, and the defendant filled it up October 23, 1878; and this action was brought in a justice’s court to recover a penalty of $25 for such filling. Erom the judgment in the justice’s court the case was taken by appeal to the county court of Dodge county. In that court a jury was waived, and the court found, in addition to the…
1Opinion of the CourtCassoday, J.
This action was brought under section 101, ch. 152, Laws of 1869, being the same as section 101, ch. 19, R. S. 1858. That section provided that “ whoever shall wilfully obstruct any highway, or fill up or place any obstruction in any ditch constructed for draining the water from any highway, shall forfeit for every such offense a sum not exceeding $25; and the overseer of the proper district shall cause such obstruction immediately to be removed.” This is a civil action to recover a penalty, and not a criminal prosecution, and hence the state has the right to review the judgment in favor of…
2Cases cited5 opinions
- State v. PrestonWisconsin Supreme Court · 1874
- Noyes v. StateWisconsin Supreme Court · 1879
- Jones v. DavisWisconsin Supreme Court · 1874
- State v. HaydenWisconsin Supreme Court · 1873
- Williams v. FinkWisconsin Supreme Court · 1864
3Cited by14 opinions
- City of Greeley v. HammanSupreme Court of Colorado · 1888
- City of Oshkosh v. SchwartzWisconsin Supreme Court · 1882
- Brown v. StateWisconsin Supreme Court · 1909
- State v. NussenholtzSupreme Court of Connecticut · 1903
- Sandberg v. StateWisconsin Supreme Court · 1902
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