Legal Opinion

Ward v. Babcock

Wisconsin Supreme Court

Decided March 14, 1916PublishedCited by 4 opinions

Appeal from an order of the circuit court for Walworth •county: E. B. BeldeN, Circuit Judge. The appeal is from an order of the circuit court based on the verdict of a jury and modifying a report of the drainage •commissioners with reference to benefits and damages accruing to the lands in said drainage district of the respondent, Daniel Ward, and ordering that the commissioners take further proceedings in that behalf, as provided by statute.

1Opinion of the Court

Pee CueiaM.

The report of the commissioners under sec. 1319 — 18, Stats.,* was attacked by respondent only in respect to the assessment of his damages, which was considered too low, and in respect to the assessment of his benefits, which he considered too high. The circuit court was authorized to “impanel a jury and take its verdict upon the trial of such issues.” Sub. 2, sec. 1379 — 31m: “The court shall have an equitable supervision over all matters pertaining to drainage district proceedings with like force and effect as if the said proceeding were a case in equity.” All other issues, if…

2Cited by4 opinions

  1. McMahon v. Lower Baraboo River Drainage DistrictWisconsin Supreme Court · 1924
  2. Dietrich v. Ozaukee County Farm Drainage BoardWisconsin Supreme Court · 1929
  3. Hansen v. Hood's Creek Drainage DistrictWisconsin Supreme Court · 1923
  4. In re Dancy Drainage DistrictWisconsin Supreme Court · 1926

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