City of Green Bay v. Saunders

At the outset there arises on this appeal the question as to whether an appeal is authorized from the judgment in question. It was entered at a time when the proposed condemnation had proceeded to but the stage at which the only issue authorized under any statute to be submitted for determination by a jury was the issue as to the necessity of the taking of the property. For the sub-mittal and determination of that issue by a jury a proceeding is prescribed by sec. 32.07, Stats., but there is no provision therein, or elsewhere in the statutes, that authorizes the determination by a jury of any…