Fraser v. Mulany
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Walworth county: E. B. Beldekt, Circuit Judge. The appeal is from an order sustaining a demurrer to the complaint of the plaintiffs, praying that the defendants, who-are the supervisors of East Troy, Walworth county, be temporarily and permanently restrained from all proceedings towards constructing a certain ditch, and that the proceedings already taken to authorize the same be adjudged invalid.
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Appeal from an order of tbe circuit court for Walworth county: E. B. Beldekt, Circuit Judge. The appeal is from an order sustaining a demurrer to the complaint of the plaintiffs, praying that the defendants, who-are the supervisors of East Troy, Walworth county, be temporarily and permanently restrained from all proceedings towards constructing a certain ditch, and that the proceedings already taken to authorize the same be adjudged invalid. The five plaintiffs are several owners of different parcels of land through which the ditch passes and against whom an assessment has been made for its…
1Opinion of the CourtDodge, J.
The supervisors of a town, under the town ditch statutes, constitute a special tribunal for administrative purposes, not proceeding according to the course of the common law; hence exact compliance with the course of proceedings prescribed by law, at. least in all substantial matters, is essential to their jurisdiction. Unlike courts of record, they have no jurisdiction to err as to the law governing procedure. Their field of permissive error without loss of jurisdiction is confined to those subjects over which they are authorized to exercise judgment or discretion. Ruhland v. Hazel Green, 55…
2Cases cited25 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
- Rape v. HeatonWisconsin Supreme Court · 1859
- Hennessy v. Douglas CountyWisconsin Supreme Court · 1898
- State ex rel. City of Augusta v. LosbyWisconsin Supreme Court · 1902
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3Cited by6 opinions
- Bilsborrow v. PierceSupreme Court of Minnesota · 1907
- Freeman v. TrimbleNorth Dakota Supreme Court · 1910
- Guenther v. RutkowskiWisconsin Supreme Court · 1922
- Pederson v. ChipmanWisconsin Supreme Court · 1918
- Opinion No. Oag 33-84, (1984), Wisconsin Attorney General Reports1984
1 more not listed; retrieve them via the Exa API.