State ex rel. Funke v. Burgeson
Wisconsin Supreme Court
A-pipeat. from a judgment of the circuit court for Price ■county: JohN K. Paeish, Circuit Judge. This is an action of oertiorcvri brought to set aside certain proceedings of the town board of supervisors of the town ■of Ilill, Price county, purporting to alter two certain highways in said town.
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A-pipeat. from a judgment of the circuit court for Price ■county: JohN K. Paeish, Circuit Judge. This is an action of oertiorcvri brought to set aside certain proceedings of the town board of supervisors of the town ■of Ilill, Price county, purporting to alter two certain highways in said town. The petition for the alteration of the highways was signed by the requisite number of freeholders, and the alteration of highways desired was described in said ■petition as follows: “ To alter a highway in said town known .as the Settlement road, and passing at the place to be so ■altered along the…
1Opinion of the CourtWiNsnow, J.
The statutes authorize the supervisors of a town, upon proper petition and notice, “ to lay out, alter, *177widen or discontinue any highway,” and require them to incorporate in their order “a description of the highway so laid out, altered, widened or discontinued.” Stats. 1898, secs. 1265-1269, inclusive.
It is evident from the terms of the statute that the alteration of a highway is an entirely different thing from the “laying out ” or the “ discontinuance ” of a highway. The alteration of a highway, as the word itself indicates, means the change of course of an existing highway, leaving it…
2Cases cited2 opinions
- Commonwealth v. Inhabitants of CambridgeMassachusetts Supreme Judicial Court · 1810
- Vedder v. Marion CountyOregon Supreme Court · 1894
3Cited by5 opinions
- Miller v. City of WauwatosaWisconsin Supreme Court · 1979
- Boykin v. State Highway DepartmentSupreme Court of South Carolina · 1928
- Huening v. ShenkenbergWisconsin Supreme Court · 1932
- Blair v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1901
- Reusch v. Northern Ohio Trac. & L. Co.Ohio Circuit Courts · 1912