State v. Wertzel
Wisconsin Supreme Court
APPEAL from the Ci rcuit Court for Trempealeau County. This is an action to recover the penalty prescribed by sec. 1331, R. S., for an alleged encroachment upon a highway in the town of Ludington, Eau Claire county. It has been once before this court upon appeal from a former judgment, and is reported in 62 Wis. 184, where it was decided that the highway was legally laid out, and that the evidence did not show an abandonment thereof.
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APPEAL from the Ci rcuit Court for Trempealeau County. This is an action to recover the penalty prescribed by sec. 1331, R. S., for an alleged encroachment upon a highway in the town of Ludington, Eau Claire county. It has been once before this court upon appeal from a former judgment, and is reported in 62 Wis. 184, where it was decided that the highway was legally laid out, and that the evidence did not show an abandonment thereof. The action has been again tried in Trempealeau county, whither it was removed by change of venue upon application of the state. Upon this trial the question…
1Opinion of the Court
"WiNSLow, J.
A motion is made by respondent to dismiss this appeal, for three reasons, viz.: (1) Because it does not appear that the action was commenced by direction of any of the officers named in sec.3298, R. S.; (2) that the place of trial was improperly changed, on the affidavit of a mere stranger; (3) that the appeal was talcen by a private citizen, whereas the district attorney or attorney general alone were competent to appeal. None of the grounds on which the motion is based are well taken, and the motion must be denied. First. The bill of exceptions states *346that the action was…
2Cases cited1 opinion
- Carpenter v. ShepardsonWisconsin Supreme Court · 1877
3Cited by7 opinions
- Brown v. . BrownSupreme Court of North Carolina · 1915
- Steinhofel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Jones v. Broadway Roller Rink Co.Wisconsin Supreme Court · 1908
- Lauterbach v. NetzoWisconsin Supreme Court · 1901
- Dunbar v. Montreal River Lumber Co.Wisconsin Supreme Court · 1906
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