State ex rel. Schermerhorn v. McCann
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La. Crosse county: O. B. Wyman, Circuit Judge. Appeal from a judgment awarding a peremptory writ of mandamus commanding the supervisors of the town of Campbell, in said county, to remove obstructions from an alleged highway.
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Appeal from a judgment of the circuit court for La. Crosse county: O. B. Wyman, Circuit Judge. Appeal from a judgment awarding a peremptory writ of mandamus commanding the supervisors of the town of Campbell, in said county, to remove obstructions from an alleged highway. The alternative writ of mandamus contained recitals to the effect that the relator was beneficially interested in the relief sought; that the highway in question was legally laid out September 5, 1830, and within four years thereafter was duly opened and worked and was thenceforth continuously used as a highway till about…
1Opinion of the CourtMaeshall, J.
In view of the conclusion arrived at in this case, an extended discussion of the evidence is not necessary, because whether it be so weak as to warrant a reversal upon the ground that the findings of fact are contrary to the clear preponderance thereof, as claimed by appellants, need not be determined.
The cause was made to turn, in the court below, on whether .the laid-out highway was opened and worked within four *351years from the date of the order establishing the same, and whether the premises obstructed were within the boundaries of such highway. There was evidence both ways on such…
2Cases cited11 opinions
- Brokaw v. Commissioners of HighwaysIllinois Supreme Court · 1889
- State ex rel. Town of La Valle v. Board of SupervisorsWisconsin Supreme Court · 1885
- State ex rel. Buchanan v. KelloggWisconsin Supreme Court · 1897
- State ex rel. Faires v. BuhlerSupreme Court of Missouri · 1886
- State ex rel. Carpenter v. HastingsWisconsin Supreme Court · 1860
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3Cited by4 opinions
- State Highway Commission v. Green-Boots Const. Co.Supreme Court of Oklahoma · 1947
- State ex rel. Young v. MareschWisconsin Supreme Court · 1937
- State ex rel. Court of Honor of Illinois v. GiljohannWisconsin Supreme Court · 1901
- State v. Police Jury of Red River ParishLouisiana Court of Appeal · 1931