Becker v. Jones
Wisconsin Supreme Court
Appeal' from a judgment of tbe circuit court for Monroe county.: E. C. Higbee, Circuit Judge. This is an action in equity by the plaintiff to enjoin the defendant supervisors from entering on his farm and constructing a highway across it. The facts are that the defendant supervisors upon due petition met May 12, 1914, and decided to lay out the highway. They filed the formal order laying the highway and awarding damages May 18th.
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Appeal' from a judgment of tbe circuit court for Monroe county.: E. C. Higbee, Circuit Judge. This is an action in equity by the plaintiff to enjoin the defendant supervisors from entering on his farm and constructing a highway across it. The facts are that the defendant supervisors upon due petition met May 12, 1914, and decided to lay out the highway. They filed the formal order laying the highway and awarding damages May 18th. Plaintiff on June 16th filed with the proper justice of the peace an application for an appeal pursuant to sec. 1276, Stats. 1913, which requires that the…
1Opinion of the CourtWiNsnow, C. J.
In this case it is held:
1. Sec. 1276, Stats. 1913, relating to an appeal by any aggrieved person from the decision of the supervisors laying out a highway, provides that such person may, “within thirty ■days after such determination, appeal therefrom.” The word “determination” as here used refers to the filing of the written order in the town clerk’s office, as required by sec. 1269, Stats. 1913, and not to the oral or mental decision of the supervisors; hence the appeal to the justice of the peace was properly taken.
2. The failure to serve notice upon at least two of the supervisors of the…
2Cases cited2 opinions
- Burns v. Town of Spring GreenWisconsin Supreme Court · 1882
- State ex rel. Milliren v. VarnumWisconsin Supreme Court · 1892
3Cited by3 opinions
- Bucks County Construction Co. v. Alliance Ins.Superior Court of Pennsylvania · 1947
- Butkovitch v. Centerville Block Coal Co.Supreme Court of Iowa · 1920
- State Ex Rel. Zemlicka v. BakerWisconsin Supreme Court · 1943