Norton v. Peck
Wisconsin Supreme Court
This was an action of trespass brought by Peck against Norton, before a justice of the peace of Racine county. The cause was certified to the County Court, on a plea of title.
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This was an action of trespass brought by Peck against Norton, before a justice of the peace of Racine county. The cause was certified to the County Court, on a plea of title. The declaration charged that the defendant with force and arms broke and entered into a certain close of said plaintiff, situated in the town of Burlington in said county, and with his servants and horses broke down the fence, dug up the earth and soil, trod down the grass, herbage and vegetables there growing, and doing other injuries to the damage of said plaintiff, of one hundred dollars. The defendant filed four…
1Opinion of the Court
By the Court,
Wiiiton C. J.
We shall confine ourselves in the disposition of this case, to the matters presented by the first and third causes of demurrer, set out in the demurrer of the plaintiff below to the special plea of justification pleaded by the defendant.
The first cause of demurrer is, that there is no allegation in the plea, that the necessity of the road was first established by the verdict of a jury.
This objection to the plea is founded upon section two of article eleven of the Constitution of this State, which is in these words: “ No municipal corporation shall take private…
2Cited by22 opinions
- State ex rel. Bare v. SchinzWisconsin Supreme Court · 1927
- Eaton v. Supervisors of Manitowoc CountyWisconsin Supreme Court · 1878
- Bushnell v. BeloitWisconsin Supreme Court · 1860
- Sherman v. Milwaukee, Lake Shore & Western RailroadWisconsin Supreme Court · 1876
- Cathcart v. ComstockWisconsin Supreme Court · 1883
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