In re Dancy Drainage District
Wisconsin Supreme Court
Appeal from an order of the circuit court for Marathon county: W. 0. SilvertiioRN, Circuit Judge. It appears from the record and is undisputed that the adult owners of a large portion of the premises in controversy filed their petition for the organization of the “Dancy Drainage District” -upon about 35,000 'acres of land in the counties of Wood, Marathon, and Portage, constituting a large marsh through which the Little Eau Pleine river, a navigable stream rising near the…
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Appeal from an order of the circuit court for Marathon county: W. 0. SilvertiioRN, Circuit Judge. It appears from the record and is undisputed that the adult owners of a large portion of the premises in controversy filed their petition for the organization of the “Dancy Drainage District” -upon about 35,000 'acres of land in the counties of Wood, Marathon, and Portage, constituting a large marsh through which the Little Eau Pleine river, a navigable stream rising near the boundary line between Clark and Marathon counties, runs in a southeasterly direction, emptying into the Wisconsin river a…
1DissentDodge, J.
I am constrained to dissent from the judgment of affirmance in this proceeding, because it is obvious that this court has no jurisdiction by appeal to review the order entered,in the court below. The right of appeal essential to give us jurisdiction in such matters is purely statutory. Maxon v. Gates, 118 Wis. 238, 95 N. W. 92. The only appeal authorized is, generally, in special proceedings, by subd. 2, sec. 3069, Stats. 1898, from “a final order affecting a substantial right made in special proceedings.” I have-no doubt whatever that upon the coming in of the commissioners’ report in a…
2Cases cited14 opinions
- Winchell v. City of WaukeshaWisconsin Supreme Court · 1901
- Moyer v. KoontzWisconsin Supreme Court · 1899
- Kingston v. KingstonWisconsin Supreme Court · 1905
- In re SchumakerWisconsin Supreme Court · 1895
- Maynard v. Town of GreenfieldWisconsin Supreme Court · 1899
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