In re Warren

• Decision Date: 15 May 1886
• Citation: 28 N.W. 187,66 Wis. 206
• Parties: IN RE PETITIONS OF WARREN.
• Court: Wisconsin Supreme Court

66 Wis. 206

28 N.W. 187

IN RE PETITIONS OF WARREN.

Supreme Court of Wisconsin.

May 15, 1886.

Appeal from circuit court, Marathon county.

In 1884 Andrew Warren presented his two petitions to the circuit court, in which he represented that in 1882 he platted into lots certain land owned by him, within the limits of the city of Wausau, in accordance with the statute in that behalf. In one petition he asked the court to vacate all of such plat lying west of Third avenue therein, except two streets; and in the other, to vacate a portion of Garfield avenue, another street therein. He also stated in the petitions that he was the owner of the portions of the plat which he desired to have vacated, and of all the lots abutting said Garfield avenue. Notices of these applications were published and served as required by Rev. St. § 2265. The city of Wausau appeared and objected to the vacation of certain streets in Warren's addition, including Garfield avenue, and consented to the vacation of the blocks and lots west of Third avenue, provided the petitioner would pay certain delinquent taxes upon the same. Several persons appeared and opposed the petition, alleging that they were owners of lots in such addition. Subsequently, on motion of the contestants, the court dismissed both proceedings for want of jurisdiction, with costs, and formal judgments to that effect, in which the amount of costs were inserted, were entered October 10, 1885. It is recited in those orders that the petitions show the petitioner is not the sole owner of his addition to the city of Wausau. The petitioner appeals from such judgment.Eldred & Brown, for appellant.

Carl H. Mueller, for respondents.

LYON, J.

These are special proceedings, and the jurisdiction of the circuit court over them depends entirely upon the statutes. When the proceedings were commenced, section 2265, as originally enacted in the Revised Statutes, was in force. It provides that “the circuit courts may, on the application of the proprietors of any duly-recorded plat of lands, whether made under the provisions of this chapter or under the provisions of any law of this state heretofore in force, and whether the same shall have been heretofore designated as a city or village plat, or addition thereto, or otherwise, alter or vacate such plat, or any part thereof.” This section was amended by chapter 60, Laws 1885, to read as follows: “The circuit courts may, upon the application or petition of a majority of the proprietors of any duly-recorded plat of lands, or any part thereof, or lot therein, whether such plat...