State ex rel. Allis v. Wiesner

Art. I, sec. 5, of the constitution of the state of Wisconsin provides that “The right of trial by jury shall remain inviolate; and shall extend to all cases at law; without regard to the amount in controversy..”

Art. XI, sec. 2, provides: “No municipal corporation shall take private property for public use, against the consent of the owner, without the necessity thereof being first estabr fished by the verdict of a jury.”

On behalf of the relator it is contended that “the verdict of a jury” under sec. 2, art. XI, must be a finding, under the guidance of a judge, as to whether or not there is a…