State v. Preston
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. Action commenced in a justice’s court, under sec. 101, ch. 19, R. S., for the obstruction of an alleged highway, in the town of Koshkonong. The answer was (1.) A general denial. (2.) That the locus was not a highway, but was the property of defendant, not burdened with any public or private easement. (3.) That this action was not brought by any person authorized by law to bring it.
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APPEAL from tbe Circuit Court for Jefferson County. Action commenced in a justice’s court, under sec. 101, ch. 19, R. S., for the obstruction of an alleged highway, in the town of Koshkonong. The answer was (1.) A general denial. (2.) That the locus was not a highway, but was the property of defendant, not burdened with any public or private easement. (3.) That this action was not brought by any person authorized by law to bring it. Defendant did not have the action removed to the circuit court on the ground that the title to land was . involved therein, nor did he give the bond required by…
1Opinion of the Court
DIXON, C. J,
This is an action to recover a penalty alleged to have been incurred by the defendant under section 101, ch. 19, R. S. (1 Tay. Stats., 508, § 137), which reads as follows: “ Whoever shall willfully obstruct any highwa}'-, or fill up or place any obstruction in, any ditch constructed for draining the water from any highway, shall forfeit for such offense a sum not exceeding twenty-five dollars; and the'overseer of the proper district shall cause such obstruction immediately to be removed.”
*683Tbe principal question to be considered in the case is as to tbe meaning and effect of tbe…
2Cases cited7 opinions
- State v. HartfielWisconsin Supreme Court · 1869
- McManus v. StateSupreme Court of Alabama · 1860
- Harrison v. StateSupreme Court of Alabama · 1861
- State v. HuckWisconsin Supreme Court · 1871
- State v. AbramSupreme Court of Alabama · 1847
2 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- State v. CissellWisconsin Supreme Court · 1985
- State v. HansonWisconsin Supreme Court · 2012
- State v. SavreSupreme Court of Iowa · 1905
- State ex rel. Barker v. MeekSupreme Court of Iowa · 1910
- Parker v. ParkerSupreme Court of Iowa · 1897
49 more not listed; retrieve them via the Exa API.