[Download] "Henry Neuhaus Et Al. v. Clark County" by Supreme Court of Wisconsin # Book PDF Kindle ePub Free
eBook details
- Title: Henry Neuhaus Et Al. v. Clark County
- Author : Supreme Court of Wisconsin
- Release Date : January 03, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Two actions are involved. The first was commenced in 1926 by the plaintiffs Henry Neuhaus and Hattie Neuhaus, his wife, against
defendant Clark county for damages sustained by reason of an alleged trespass by defendant and for an injunction restraining
defendant from further use of their land for highway purposes. Issue was joined, trial was had and a jury found for the defendant.
Plaintiffs' motion for a new trial was granted; an amended complaint was served in October 1928 and a supplemental complaint
in 1929. Defendant made no answer to said complaints. In 1960 plaintiffs applied for a default judgment. From a judgment dismissing
the complaints, plaintiffs appeal. The second action was commenced in April 1930 by the same plaintiffs for inverse condemnation
of the same lands under sec. 32.04, Stats.1929, by the filing of a petition with the circuit court for Clark county, requesting
that appraisers be appointed to determine the damages due them. In August 1930 the appraisers submitted their award of damages
and plaintiffs thereafter appealed the award to the circuit court. The appeal was pending until July 1960 when plaintiffs
applied to the court for judgment according to the demands of their original petition. From a judgment dismissing the action,
petitioners appeal. In 1917 plaintiffs purchased 80 acres of farm land located in Clark county. At the time of their purchase, and since 1904,
a strip of land running east and west across the farm had been used as a town road. Plaintiffs alleged the traveled portion
of the road was 16 feet wide. Fences ran parallel to each side of the road.