Voelz v. Breitenfield
Wisconsin Supreme Court
APPEAL from the Circuit Court for Monroe County. Action under sec. 1397, R. S., to recover double the expense of rebuilding a partition fence. The facts will sufficiently appear from the opinion. The cause was tried by the court without a jury, and the court, after filing its findings of fact and conclusions of law, rendered judgment dismissing the complaint with costs. The plaintiff appealed.
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APPEAL from the Circuit Court for Monroe County. Action under sec. 1397, R. S., to recover double the expense of rebuilding a partition fence. The facts will sufficiently appear from the opinion. The cause was tried by the court without a jury, and the court, after filing its findings of fact and conclusions of law, rendered judgment dismissing the complaint with costs. The plaintiff appealed. To the point that there must be a strict compliance with the statute they cited, besides cases cited in the opinion: Babb v. Oarver, 7 Wis. 124, 127; Austim, v. Allen, 6 id. 134; Sherwood v. Reade, 7…
1Opinion of the CourtOetoit, J.
The appellant made application to two fence viewers of the town where the adjoining lands owned by him and the respondent in severalty and occupied by them in common are situated, to divide the line between them, with a view of having a partition fence upon said line built or repaired and having the share of each of said parties duly assigned. The record is silent as to whether a proper notice, lawfully served, was given of this application to the respondent. The fence viewers divided said line fence according to the application, and ordered each of said parties to build or repair their…
2Cases cited4 opinions
- Cohn v. NeevesWisconsin Supreme Court · 1876
- Eldred v. LeahyWisconsin Supreme Court · 1872
- Potts v. CooleyWisconsin Supreme Court · 1881
- Canfield v. SmithWisconsin Supreme Court · 1874
3Cited by1 opinion
- Griffith v. CarrothersSupreme Court of Kansas · 1911