Legal Opinion

Schroeder v. Klipp

Wisconsin Supreme Court

Decided January 12, 1904PublishedCited by 6 opinions

Appeal from a judgment of the circuit court for Saule county: R. G. Siebeckeb, Circuit Judge. This is an action for trespass quare clausum fregit, commenced before a justice of the peace June 14, 1902. The defendant answered by way of admissions, denials, and counter allegations to the effect that the locus in quo was at the-time in question a public highway; that the plaintiff willfully and without authority placed obstructions in the same, and the defendant, as overseer of…

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Appeal from a judgment of the circuit court for Saule county: R. G. Siebeckeb, Circuit Judge. This is an action for trespass quare clausum fregit, commenced before a justice of the peace June 14, 1902. The defendant answered by way of admissions, denials, and counter allegations to the effect that the locus in quo was at the-time in question a public highway; that the plaintiff willfully and without authority placed obstructions in the same, and the defendant, as overseer of the highways of the town, and as his duty required of him, removed such obstructions. The defendant thereupon gave the…

1Opinion of the Court

Cassoday, O. J.

1. It appears, and is undisputed, that for many years prior to December 14, 1901, there was a public highway running east and west on the line between sections 3 and 10 in the town of Westfield, in Sauk county, and that the same continued east indefinitely. It is a portion of that highway which is claimed to have been discontinued. That highway, at the west end thereof, intersected another highway running north and south on the west lines of sections 3 *249and 10. Eronx the northeast corner of that section 10 there was a highway running south from the highway in question, on the…

2Cases cited9 opinions

  1. Williams v. MitchellWisconsin Supreme Court · 1880
  2. State ex rel. Supervisors of the Town of Iola v. NelsonWisconsin Supreme Court · 1883
  3. Neis v. FranzenWisconsin Supreme Court · 1864
  4. Roehrborn v. SchmidtWisconsin Supreme Court · 1863
  5. State ex rel. Jenkins v. HarlandWisconsin Supreme Court · 1889

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Illinois Steel Co. v. WarrasWisconsin Supreme Court · 1909
  2. Department of Taxation v. ScherffiusWisconsin Supreme Court · 1974
  3. Town of Buchanan v. WolfingerWisconsin Supreme Court · 1941
  4. Fraser v. MulanyWisconsin Supreme Court · 1906
  5. Morris v. EdwardsWisconsin Supreme Court · 1907

1 more not listed; retrieve them via the Exa API.

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