Williams v. Mitchell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The' action was to recover damages for a trespass alleged to have been committed by the defendants in May, 1877, on certain lands owned by and in the possession of the plaintiff, in the town of Mineral Point, Iowa county; The answers of the defendants substantially admit tbe title and possession of the plaintiff to the locus in quo, as alleged in the complaint, and that they committed thereon some of the acts complained of;…
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APPEAL from the Circuit Court for Milwaukee County. The' action was to recover damages for a trespass alleged to have been committed by the defendants in May, 1877, on certain lands owned by and in the possession of the plaintiff, in the town of Mineral Point, Iowa county; The answers of the defendants substantially admit tbe title and possession of the plaintiff to the locus in quo, as alleged in the complaint, and that they committed thereon some of the acts complained of; but aver that the place where such acts were committed was within the limits of a public highway, and they only removed…
1Opinion of the Court
Lyon, J\
It appears in the evidence that in the year 1875 the supervisors of the town of Mineral Point made an order laying out a public highway across the laird of the plaintiff described in the complaint. Although on the trial the plaintiff sought to impeach the validity of that order, it will he assumed, for the purposes of this appeal, that the order was valid, and established a public highway. It will also be assumed that the acts of the defendants' complained of were only the removal by them of obstructions from the land of the plaintiff within the limits thus established as a public…
2Cases cited2 opinions
- Brock v. HishenWisconsin Supreme Court · 1876
- State ex rel. McCune v. GoodwinWisconsin Supreme Court · 1869
3Cited by18 opinions
- Mezchen v. MoreWisconsin Supreme Court · 1882
- Melms v. PfisterWisconsin Supreme Court · 1884
- State ex rel. Foster v. GrahamWisconsin Supreme Court · 1884
- State ex rel. Supervisors of the Town of Iola v. NelsonWisconsin Supreme Court · 1883
- Scott v. SeaverWisconsin Supreme Court · 1881
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