State ex rel. Taylor v. Town Board of Supervisors
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that January 25, 1886, the circuit court issued an alternative writ of mandamus against the defendants, commanding them to immediately proceed to lay out the highway described, as commencing at a point where the town road, running westerly through the southern part of section 6 in the town of Pewaukee, in said county of…
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APPEAL from the Circuit Court for Waukesha County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that January 25, 1886, the circuit court issued an alternative writ of mandamus against the defendants, commanding them to immediately proceed to lay out the highway described, as commencing at a point where the town road, running westerly through the southern part of section 6 in the town of Pewaukee, in said county of "Waukesha, intersects the town line between the towns of Pewaukee and Delafield, and running thence on the most favorable…
1Opinion of the CourtCassoday, J.
It appears from the affidavit upon which the order to show cause why the recitals in the order, made JuU 23, 1886, should not be corrected so as to conform to the facts, that such recitals were in the order by a mere inadvertence or mistake; and were contrary to the facts upon which the order was based. This is not disputed. The only answer made to the order to show cause was that an appeal had previously been taken and perfected from the order of July 23, 1886. The papers in the case, however, were still of record in the trial court. The mere fact that an appeal had been taken did not…
2Cases cited1 opinion
- Williams v. HayesWisconsin Supreme Court · 1887
3Cited by12 opinions
- Rindlaub v. RindlaubNorth Dakota Supreme Court · 1910
- Fischbeck v. MielenzWisconsin Supreme Court · 1916
- Coulter v. Great Northern Railway Co.North Dakota Supreme Court · 1896
- Hoffman v. StateWisconsin Supreme Court · 1894
- Packard v. Kinzie Avenue Heights Co.Wisconsin Supreme Court · 1900
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