Rogers v. Draves
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Jefferson county; Geoege GRIMM, Circuit Judge. Suit in equity to vacate the decision of commissioners appointed pursuant to sec. 1279, Stats., ordering the laying out of a highway across plaintiff’s land, and to enjoin the supervisors of the town from laying out and opening the highway.
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Appeal from a judgment of the circuit court for Jefferson county; Geoege GRIMM, Circuit Judge. Suit in equity to vacate the decision of commissioners appointed pursuant to sec. 1279, Stats., ordering the laying out of a highway across plaintiff’s land, and to enjoin the supervisors of the town from laying out and opening the highway. It appears from the complaint that three cbmmissioners were duly appointed and ordered to meet at a certain time and place, as provided by statute; that two of the commissioners met at the specified time and place, but the third one, owing to illness, did not…
1Opinion of the CourtViNJE, J.
The sole question raised by the appeal is whether the decision of the commissioners is void because one of the three failed to take a valid oath, as required by sec. 1280, Stats., before acting and signing. It was held in State ex rel. Vos v. Hoelz, 69 Wis. 84, 33 N. W. 597, that *25the failure to administer the statutory oath to any of the commissioners is fatal and gives them no jurisdiction to act. It will be assumed, therefore, that the third commissioner could lawfully take no part in the proceedings, and that the case stands as if he had not acted at all. Sub. 3 of sec. 4911 provides that…
2Cases cited6 opinions
- Melms v. PfisterWisconsin Supreme Court · 1884
- Williams v. MitchellWisconsin Supreme Court · 1880
- State ex rel. McCune v. GoodwinWisconsin Supreme Court · 1869
- State ex rel. Vos v. HoelzWisconsin Supreme Court · 1887
- State ex rel. Luderman v. FindleyWisconsin Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dawson v. Town of JacksonWisconsin Supreme Court · 2011
- State ex rel. Board of Regents of Normal Schools v. ZimmermanWisconsin Supreme Court · 1924