City of Chippewa Falls v. Hopkins
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Chippewa •county: James O’Neill, Judge. This is an action in equity, brought by the city to compel the remowal of obstructions from an alleged highway and ' to enjoin any further- obstruction thereof. The defendant in his answer denies the existence of any highway at the place in question.
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Appeal from a judgment of the circuit court for Chippewa •county: James O’Neill, Judge. This is an action in equity, brought by the city to compel the remowal of obstructions from an alleged highway and ' to enjoin any further- obstruction thereof. The defendant in his answer denies the existence of any highway at the place in question. The evidence upon the trial showed that the defendant is the owner of the N. E. £ of the S. E. jr and the N. W. \ of the S. E. J of section Y, and that such land .is within the limits of the city of Ohvppewa Falls. The disputed highway runs in a general…
1Opinion of the CourtWiNSLow, J.
Many exceptions were taken'by the appellant, but there are but four questions which require discussion.
1. Was it shown that the commencement of this action was properly authorized by the common council? The action was commenced by the city attorney, the complaint being verified by the acting mayor. By the charter of the city (ch. 164, Laws of 1885), the general control of city affairs, including removal of obstructions from streets, is vested in the common council by the usual provisions. By sec. 5 of subch. IY of the charter it is provided that “ the city attorney shall conduct all the law…
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