State ex rel. McCune v. Goodwin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. The defendants, supervisors of the town of Williams-town, in said county, made an order (August 11, 1868), vacating a certain highway in said town.
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APPEAL from the Circuit Court for Dodge County. The defendants, supervisors of the town of Williams-town, in said county, made an order (August 11, 1868), vacating a certain highway in said town. A writ of cer-tiorari having issued from the circuit court to bring up this decision for review, defendants made a return, setting forth at length their said order, and all the proceedings anterior thereto and connected with the subject of the vacating of said highway, from the presentation oí the original petition therefor, including, 1. A recital and copy of their first order, made (June 15, 1868),…
1Opinion of the CourtCole, J.
The writ of certiorari properly brings up the proceedings taken under the statute for vacating the highway; and we suppose these entire proceedings constitute the record. The question is, Were these proceedings regular, and in conformity to the statute % How can that question be determined, unless we look into the proceedings taken? It is claimed that the return made by the supervisors should only embrace the order of the commissioners, and the order of the supervisors made upon the decision of the commissioners, with the certificate as to the time the last order was filed in the town'…
2Cases cited2 opinions
- People Ex Rel. Ottman v. HyndsNew York Court of Appeals · 1864
- Town of Beaver Dam v. FringsWisconsin Supreme Court · 1863
3Cited by7 opinions
- State ex rel. City of Augusta v. LosbyWisconsin Supreme Court · 1902
- Milwaukee Iron Co. v. SchubelWisconsin Supreme Court · 1872
- Melms v. PfisterWisconsin Supreme Court · 1884
- State ex rel. Board of Regents of Normal Schools v. ZimmermanWisconsin Supreme Court · 1924
- Williams v. MitchellWisconsin Supreme Court · 1880
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