Austin v. Allen
Wisconsin Supreme Court
APPEAL PROM THE ROCK CIRCUIT COURT. This "was an action of trespass quarre clanisum fregit in which the defendant justified as a town supervisor, that the locus im, quo was a public highway, and that he committed the supposed trespass in the performance of his official duty in opening the highway. The legality of the proceedings in laying out and establishing the highway thus became the issue.
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APPEAL PROM THE ROCK CIRCUIT COURT. This "was an action of trespass quarre clanisum fregit in which the defendant justified as a town supervisor, that the locus im, quo was a public highway, and that he committed the supposed trespass in the performance of his official duty in opening the highway. The legality of the proceedings in laying out and establishing the highway thus became the issue. The testimony adduced on the trial, and the questions arising thereon, are elaborately stated in the opinion. 1st. The court below erred in admitting parol evidence to prove that the signers of the…
1Opinion of the Court
By the Gowrt,
Smith, J.
This suit was commenced originally before a justice of the peace of Rock County, in an action of trespass to lands. The plaintiff filed his declaration in writing, in a plea of trespass guare clausum fregit, with averments alleging matters in aggravation of damages. The defendant pleaded the general issue, and gave notice of special matters in defense, as follows: 1st. That the locus in quo was a public highway, and that the same was obstructed -with the fence of the plaintiff, and that to enable him to pass the highway, he *137necessarily did tbe things complained of; that…
2Cases cited1 opinion
- Andrews v. SmithNew York Supreme Court · 1832
3Cited by17 opinions
- Knight v. KnightIllinois Supreme Court · 1899
- Roebke v. AndrewsWisconsin Supreme Court · 1870
- Bank of Columbia v. PortlandOregon Supreme Court · 1902
- Jensen v. Board of Supervisors of Polk CountyWisconsin Supreme Court · 1879
- Ruhland v. Supervisors of the Town of Hazel GreenWisconsin Supreme Court · 1882
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