State v. Joyce
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bock County. Jj^This was a prosecution under sec. 101, cb. 19, R. S., against Milton Joyce and another, for obstructing a highway, commenced in justice’s court, where a judgment was rendered against the defendants ; and taken by appeal to the circuit court, where the judgment was affirmed as against said Milton Joyce, and reversed as to his co-defendant, the judge having found that the latter did not take any part in obstructing said…
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APPEAL from tbe Circuit Court for Bock County. Jj^This was a prosecution under sec. 101, cb. 19, R. S., against Milton Joyce and another, for obstructing a highway, commenced in justice’s court, where a judgment was rendered against the defendants ; and taken by appeal to the circuit court, where the judgment was affirmed as against said Milton Joyce, and reversed as to his co-defendant, the judge having found that the latter did not take any part in obstructing said highway. Milton Joyce appealed. to the point, that in order to establish such an adverse use as the statute requires, some open…
1Opinion of the Court
By the Court,
Dowíter, J.
This is an action for obstructing *92an alleged highway running from Shopiere in the county of Rock to Clinton Corners over the defendant’s land, and over what was, until just before the commencement of this action, an unenclosed prairie. The evidence is, that the road had been ' ravelled over for fifteen years, but has never been worked or repaired by the overseer of highways, nor has any act been done by him or by the town or any officer having charge of or anything to do with highways, showing that it was claimed or recognized by such town or officer or officers as a…
2Cited by5 opinions
- City of Chippewa Falls v. HopkinsWisconsin Supreme Court · 1901
- Buchanan v. CurtisWisconsin Supreme Court · 1869
- Bassett v. SoelleWisconsin Supreme Court · 1925
- Scribner v. BluteWisconsin Supreme Court · 1871
- Blute v. ScribnerWisconsin Supreme Court · 1868