Ely v. Bates
Wisconsin Supreme Court
This was an action of trespass brought by the plaintiff in error against the defendant in error, in the Circuit Court of Rock county.
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This was an action of trespass brought by the plaintiff in error against the defendant in error, in the Circuit Court of Rock county. The declaration sets forth that the-defendant, on the 19th day of May, 1856, with force and arms, broke and entered the close of the plaintiff, situate in the city of Janesville, &c., and known and described as lots one and two of Pixley and Shaw’s addition to the village of Janesville; and-forced and broke open, to wit: two gates and one board fence of the plaintiff, there standing, and being on the westernmost end of said lots, and one hundred and forty-six…
1Opinion of the Court
By the Court,
Cole, J.
We see no error whatever in the ruling of the Circuit Court in this case. We think there can be no *470kind of doubt about there being upon the plat of Pixley and Shaw's addition to the Tillage of Janesville a street designated and marked as “ 5th street.” The plat most clearty shows that it was intended there should be a street where those words are written, and the fact that those words happened to have been a little outside of the real boundaries, as marked upon the plat, certainly does not justify the inference that they were not to apply to the street within the…
2Cited by6 opinions
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- Jarstadt v. MorganWisconsin Supreme Court · 1880
- Burbach v. SchweinlerWisconsin Supreme Court · 1882
- Brown v. City of BarabooWisconsin Supreme Court · 1898
- Van Valkenburgh v. City of MilwaukeeWisconsin Supreme Court · 1872
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