State v. Leaver
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. This action was brought under sec. 1326, R. S., to recover the penally therein prescribed for obstructing Monroe street, in the village of Waterloo. The obstruction complained of is alleged to be a* barn erected by the defendant in 1882, within the limits of the east side of the street.
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APPEAL from the Circuit Court for Jefferson County. This action was brought under sec. 1326, R. S., to recover the penally therein prescribed for obstructing Monroe street, in the village of Waterloo. The obstruction complained of is alleged to be a* barn erected by the defendant in 1882, within the limits of the east side of the street. The action was brought by direction of the president of that village, and a judgment against the defendant for $25 is demanded in the complaint. The answer is quite lengthy, and the allegations thereof need not be stated. It is sufficient to say that all the…
1Opinion of the CourtLyof, J.
1. The first question is, Do the provisions of sec. 1326, R. S., under which this action was brought, apply to the streets within the village of Waterloo? The section reads as follows: “Whoever shall obstruct any highway, or fill up or place any obstruction in any ditch constructed for draining the water from any highway, shall forfeit, for every such offense, a sum not exceeding twenty-five dollars, and the overseer of the proper district shall cause such obstruction immediately to be removed.” An argument that those provisions are not so applicable is drawn from the last sentence of the…
2Cases cited3 opinions
- Reilly v. City of RacineWisconsin Supreme Court · 1881
- Hubbell v. GoodrichWisconsin Supreme Court · 1875
- Wyman v. StateWisconsin Supreme Court · 1861
3Cited by18 opinions
- Chase v. City of OshkoshWisconsin Supreme Court · 1892
- Galewski v. NoeWisconsin Supreme Court · 1954
- Bartlett v. BeardmoreWisconsin Supreme Court · 1890
- Joseph v. City of AustinCourt of Appeals of Texas · 1936
- Childs v. NelsohWisconsin Supreme Court · 1887
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