Stoppenbach v. Zohrlaut
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson, County. Action for damages for obstructing an alley in the rear of plaintiff’s Tillage lots. The defendants are alleged to be the owners of certain adjoining lots, on both sides of the alley, and to have built a single fence enclosing all their said lots, and thus closing up the alley.
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APPEAL from the Circuit Court for Jefferson, County. Action for damages for obstructing an alley in the rear of plaintiff’s Tillage lots. The defendants are alleged to be the owners of certain adjoining lots, on both sides of the alley, and to have built a single fence enclosing all their said lots, and thus closing up the alley. The right of all lot owners in the block to the free use of such alley is alleged, and also special facts to show plaintiff’s damages, which are laid at $100. Demurrer to the complaint on several grounds, one of which was, that it appeared on the face thereof that…
1Opinion of the CourtDixon, C. J.
A right of way contested or denied raises a question of title to lands, over which a justice of the peace has no jurisdiction; but a right of way admitted, or not denied, does not. The defendants, by their demurrer, admitted that a right of way existed as alleged in the complaint, and the issue thus formed was one over which the justice had - jurisdiction, the same as if the action had been for a trespass upon land in possession of the plaintiff, and his title to the land had been admitted. The justice, therefore, erred in dismissing the suit for want of jurisdiction ; and the circuit court…
2Cited by3 opinions
- Heegaard v. Dakota Loan & Trust Co.South Dakota Supreme Court · 1893
- Kaneohe Ranch Co. v. Ah OnHawaii Supreme Court · 1898
- Steinam v. SchulteWisconsin Supreme Court · 1892