Kimball v. City of Kenosha
Wisconsin Supreme Court
ERROR TO THE KENOSHA CIRCUIT COURT. This was an action on tbe case for obstructing the plaintiff’s way. The declaration contained four counts. Upon the two first of which a nolle prosequi was-entered, and to the third and fourth a demurrer was interposed. The first and second counts need not to be noticed; the following is a full abstract of the third and fourth: Se¿ Count.
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ERROR TO THE KENOSHA CIRCUIT COURT. This was an action on tbe case for obstructing the plaintiff’s way. The declaration contained four counts. Upon the two first of which a nolle prosequi was-entered, and to the third and fourth a demurrer was interposed. The first and second counts need not to be noticed; the following is a full abstract of the third and fourth: Se¿ Count. That whereas, to wit: October 30th, A. D. 1838, David Grosit, William Bullen and Charles Dnrkee, then proprietors and possessors of adjoining tracts of land, then in Racine county (now in Kenosha), laid them out in a town,…
1Opinion of the Court
By the Court,
Smith, J.
The great practical importance of this case, has induced the court to require an unusual labor of argument on the part of counsel, and it is needless to say that it has received all the consideration which we have been able to give *327it. It remains now only to state briefly the conclusions to which we have arrived.
The authorities to which reference has been made, as bearing upon the case, are numerous, and by no means uniform, hence an attempt to review them on this occasion, would require great labor, and would result in but little practical benefit.
The declaration is an…
2Cases cited2 opinions
- Champlin v. PendletonSupreme Court of Connecticut · 1838
- Stiles v. CurtisSupreme Court of Connecticut · 1810
3Cited by37 opinions
- Cox v. Louisville, New Albany, & Chicago RailroadIndiana Supreme Court · 1874
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
- Snoddy v. BolenSupreme Court of Missouri · 1894
- Paine v. Consumers' Forwarding & Storage Co.Court of Appeals for the Sixth Circuit · 1895
- Ford v. Chicago & North Western Rail RoadWisconsin Supreme Court · 1861
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