State ex rel. Clancy v. McGovern
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county; D. H. JOHNSON, Circuit Judge. Certiorari. The relators, by their relation filed July 8, 1891, alleged that they owned certain lots in the town site of South Milwaukee, abutting upon the highway called Chicago road, and that on the 11th of February, 1893, Fred Heidélburg and five other persons, whose names are given, pretending to act as village trustees of the village under the name of South Milwaukee, made an…
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Appeal from an order of the circuit court for Milwaukee county; D. H. JOHNSON, Circuit Judge. Certiorari. The relators, by their relation filed July 8, 1891, alleged that they owned certain lots in the town site of South Milwaukee, abutting upon the highway called Chicago road, and that on the 11th of February, 1893, Fred Heidélburg and five other persons, whose names are given, pretending to act as village trustees of the village under the name of South Milwaukee, made an order vacating a part of said Chicago road pursuant to certain proceedings had before them; that such proceedings were in…
1Opinion of the CourtWinslow, J.
It is quite apparent from the record that the main ground upon which the relators relied to support their claim that the highway in question was never legally vacated was the fact that the village of South Milwaukee had been incorporated by order of the circuit court under the provisions of secs. 854-866, S. & B. Ann. Stats., which provisions were pronounced unconstitutional by this court in the case of In re North Milwaukee, 93 Wis. 616, because they attempted to delegate legislative power to the circuit courts. Since that decision, the legislature, by ch. 5, Laws of 1897, has passed an act…
2Cases cited6 opinions
- In re Incorporation of Village of North MilwaukeeWisconsin Supreme Court · 1896
- Single v. Supervisors of Marathon CountyWisconsin Supreme Court · 1875
- State ex rel. Ollinger v. Town of ManitowocWisconsin Supreme Court · 1896
- State ex rel. Anderson v. TimmeWisconsin Supreme Court · 1888
- State ex rel. Tibbits v. City of MilwaukeeWisconsin Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State ex rel. City of Augusta v. LosbyWisconsin Supreme Court · 1902
- State ex rel. Badtke v. School BoardWisconsin Supreme Court · 1957
- State ex rel. Gray v. Common Council of OconomowocWisconsin Supreme Court · 1899
- State Ex Rel. Casper v. Board of Trustees of Wisconsin Retirement FundWisconsin Supreme Court · 1966
- State ex rel. Kulike v. Town Clerk of the LebanonWisconsin Supreme Court · 1907
6 more not listed; retrieve them via the Exa API.