State ex rel. Milliren v. Varnum
Wisconsin Supreme Court
APPEAL from the Circuit Court for Pepin County. Mandamus against the board of supervisors of the town of Pepin, in Pepin county, to compel such board to lay out and open a certain highway therein. In July, 1890, a proper petition to lay out such highway was presented to said supervisors, and such proceedings were had thereon that the supervisors made an order refusing to lay out and establish such highway.
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APPEAL from the Circuit Court for Pepin County. Mandamus against the board of supervisors of the town of Pepin, in Pepin county, to compel such board to lay out and open a certain highway therein. In July, 1890, a proper petition to lay out such highway was presented to said supervisors, and such proceedings were had thereon that the supervisors made an order refusing to lay out and establish such highway. Thereupon an appeal was taken by the present 'relator from such determination of the supervisors, pursuant to sec. 1283, E. S., and such proceedings were had on the appeal that the…
1Opinion of the Court
'LyoN, 0. J.
Had the proceedings subsequent to the laying out of the highway, which resulted in the refusal of the •town meeting to approve and accept such highway, been regular, or had they been irregular only in matters which do not go to the jurisdiction of the justice before whom the appeal proceeding was instituted, probably the validity of such proceedings might be sustained. If sustained, it is clear that no peremptory mandamus could issue to compel the supervisors to lay out and open the highway, for the reason that the negative vote of the town meeting would have deprived the…
2Cases cited2 opinions
- State ex rel. Foster v. GrahamWisconsin Supreme Court · 1884
- Burns v. Town of Spring GreenWisconsin Supreme Court · 1882
3Cited by1 opinion
- Becker v. JonesWisconsin Supreme Court · 1916