Schillock v. Jones
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Waukesha ■county: MaetiN L. Luece, Circuit Judge. This action was brought to enjoin tbe defendants from ■opening a highway ordered laid out over land owned by plaintiff and her husband as joint tenants. On May 11, 1909, a petition was presented to the town hoard of supervisors of the town of Ottawa, Waukesha county, Wisconsin, to lay out the highway in question.
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Appeal from a judgment of tbe circuit court for Waukesha ■county: MaetiN L. Luece, Circuit Judge. This action was brought to enjoin tbe defendants from ■opening a highway ordered laid out over land owned by plaintiff and her husband as joint tenants. On May 11, 1909, a petition was presented to the town hoard of supervisors of the town of Ottawa, Waukesha county, Wisconsin, to lay out the highway in question. The board ■acted upon said petition and made out a notice fixing time and place of meeting to decide upon tbe application. Pursuant, to the notice a meeting was had by the board May 28,…
1Opinion of the CourtKeRWIit, J.
The first point made hy appellant is that the proceedings on the first petition filed May 11, 1909, were valid, and that the failure of the defendants to lay out a highway and award damages under such proceedings was a denial of the application under secs. 1269 and 1283, Stats. (1898), and therefore the supervisors had no right to act upon another petition within the year. If this point he well taken the judgment below must he reversed and no other question need he treated.
Sec. 1267, Stats. (1898), provides that on application made to the supervisors to lay out a highway they shall make out a…
2Cases cited4 opinions
- State ex rel. Supervisors of the Town of Iola v. NelsonWisconsin Supreme Court · 1883
- State ex rel. Gottschalk v. MillerWisconsin Supreme Court · 1908
- Jackson v. RankinWisconsin Supreme Court · 1886
- State ex rel. Milwaukee, Lake Shore & Western Railway Co. v. O'ConnorWisconsin Supreme Court · 1890
3Cited by3 opinions
- State ex rel. Ronglien v. ClemensonWisconsin Supreme Court · 1912
- Genske v. VeithWisconsin Supreme Court · 1922
- State ex rel. Maughan v. BoernerWisconsin Supreme Court · 1914