Kolpack v. Kolpack
Wisconsin Supreme Court
Appeals from a judgment o-f the circuit court for Sha-wano county: John Goodland, Circuit Judge. This action was brought by the plaintiff to restrain the defendant from passing over and removing barriers from lands owned by plaintiff and described as follows: The northwest quarter of the southwest quarter of section 1, township 28 north, of range 12 east, Shawano county, Wisconsin.
Read the full summary
Appeals from a judgment o-f the circuit court for Sha-wano county: John Goodland, Circuit Judge. This action was brought by the plaintiff to restrain the defendant from passing over and removing barriers from lands owned by plaintiff and described as follows: The northwest quarter of the southwest quarter of section 1, township 28 north, of range 12 east, Shawano county, Wisconsin. The defendant owned lands east of plaintiff’s, which he purchased in 1878, at which time there was a traveled track across the plaintiff’s land commencing near the northeast corner thereof and running in a zigzag…
1Opinion of the CourtKeRwot, J.
1. The question whether there was a public-highway was litigated and evidence produced upon that issue. The court ruled out the record of former adjudication to the effect that no highway existed, and found upon other evidence that there was no public highway. We do not deem it necessary to review the evidence upon the question of whether a public highway was laid out or acquired by user in the manner provided by law, since we are convinced that the record offered in evidence established the fact that no highway existed at the place in question at and prior to the time of the commencement of…
2Cases cited7 opinions
- Bennitt v. Wilmington Star Mining Co.Illinois Supreme Court · 1886
- Cole v. FavoriteIllinois Supreme Court · 1873
- Lane v. WeldsCourt of Appeals for the Sixth Circuit · 1899
- Cramer v. Singer Mfg. Co.Court of Appeals for the Ninth Circuit · 1899
- Town of Fulton v. PomeroyWisconsin Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McMillan v. Barber Asphalt Paving Co.Wisconsin Supreme Court · 1912
- Estey & Camp v. LutherCourt of Appeals of Texas · 1911
- Wiesner v. JaegerWisconsin Supreme Court · 1921
- Lundberg v. University of Notre DameWisconsin Supreme Court · 1939