State ex rel. Welch v. Chatteton

CourtUnited States State Supreme Court of Wisconsin
Writing for the CourtFAIRCHILD
Citation239 Wis. 523,300 N.W. 922
Decision Date02 December 1941
PartiesSTATE ex rel. WELCH et al. v. CHATTETON, Village Clerk, et al., and three other cases.

239 Wis. 523
300 N.W. 922

STATE ex rel. WELCH et al.
v.
CHATTETON, Village Clerk, et al., and three other cases.

Supreme Court of Wisconsin.

Dec. 2, 1941.


Appeal from four orders of the Circuit Court for Dane County; Alvin C. Reis, Judge.

Separate certiorari actions by the State, on the relation of John Welch and others, on the relation of Town of Westport and others, and on the relation of Eugene H. McCabe and others, against George A. Chatterton, Clerk of the Village of Maple Bluff, and others, to test the validity of an order of the trustees of the Village of Maple Bluff vacating a portion of a highway; and suit by Eugene H. McCabe and others against Robert M. Haydon and others, constituting the Board of Trustees of the Village of Maple Bluff, and others, for declaratory relief and an injunction. From adverse orders, defendants appeal.-[By Editorial Staff.]

Affirmed and remanded.

Certiorari in three cases begun April 29 and May 2, 1941, to test the validity of an order of the trustees of the Village of Maple Bluff vacating a portion of a highway. The relators in the certiorari actions join as plaintiffs in a suit commenced April

[300 N.W. 923]

29, 1941, against the village and the trustees thereof for declaratory relief and an injunction. There were motions in the certiorari cases to supersede the writs on the ground of want of capacity to sue and that the petitioners failed to state a cause of action. A general demurrer was interposed to the complaint in the suit for declaratory relief. The motions to supersede were denied and the demurrer was overruled with leave to defendants to plead over. Defendants appeal.

The proceedings in each case challenge the validity of the same order and as the complaint in the suit for declaratory relief (McCabe et al v. Haydon et al) covers the allegations material to a statement of facts in all the cases, except as to the allegations of interests or rights of the individual petitioners, it alone will be referred to, and the motions to supersede will be considered as having the effect of demurrers.

The complaint alleges the relation of the parties to the subject matter; describes the highway and the portion sought to be vacated, the position of the officers of the respective towns and village, the annexation by the village of a part of the territory of the Town of Westport thus bringing a portion of the highway within the village limits; alleges that the lands abutting on that portion of the highway which the board of trustees of the village has attempted to vacate were at the time owned by the village; that all other lands abutting upon the remainder of said highway are owned by others; that on or about September 12, 1940, pursuant to directions given by the board of trustees the president of the village filed in the office of the register of deeds for Dane County a notice of intention to file the petition for vacation and that on or about September 13, 1940, pursuant to the said notice and the direction of the said board, the village president filed the petition with the village clerk for the vacation and discontinuance of a road in the village which was described;...

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5 practice notes
  • Voss v. City of Middleton, No. 89-1519
    • United States
    • United States State Supreme Court of Wisconsin
    • June 19, 1991
    ...completely within a city's jurisdiction so as to allow the city complete control over the street. See State ex rel. Welch v. Chatterton, 239 Wis. 523, 528, 300 N.W. 922 (1942). Finally, with respect to a municipality in Madison's position in the instant case, [162 Wis.2d 768] the court's co......
  • Smerz v. Delafield Town Bd., No. 2010AP1186.
    • United States
    • Court of Appeals of Wisconsin
    • February 16, 2011
    ...than Wis. Stat. § 66.1003(3), which applies to any unpaved alley located within a town. He cites to State ex rel. Welch v. Chatterton, 239 Wis. 523, 300 N.W. 922 (1941), for the proposition that “when a street or road is discontinued, the more specific statute must be employed because argua......
  • State ex rel. Anderton v. Sommers
    • United States
    • United States State Supreme Court of Wisconsin
    • March 9, 1943
    ...raised by the motions to quash the writ. Sec. 260.11, Stats.; 14 C.J.S., Certiorari, p. 206, § 60; State ex rel. Welch v. Chatterton, 239 Wis. 523, 528, 300 N.W. 922;State ex rel. City of Augusta v. Losby, 115 Wis. 57, 60, 90 N.W. 188. Judgment reversed and cause remanded with directions to......
  • Olson v. Gilbertson
    • United States
    • United States State Supreme Court of Wisconsin
    • December 2, 1941
    ...were subject to garnishment as here contended by appellant there would have been no occasion for the enactment of sec. 318.08, Stats. [300 N.W. 922] Appellant argues that the amendment of the garnishment laws by ch. 541, Laws of 1935, has so changed our statutes in reference to garnishment ......
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5 cases
  • Voss v. City of Middleton, No. 89-1519
    • United States
    • United States State Supreme Court of Wisconsin
    • June 19, 1991
    ...completely within a city's jurisdiction so as to allow the city complete control over the street. See State ex rel. Welch v. Chatterton, 239 Wis. 523, 528, 300 N.W. 922 (1942). Finally, with respect to a municipality in Madison's position in the instant case, [162 Wis.2d 768] the court's co......
  • Smerz v. Delafield Town Bd., No. 2010AP1186.
    • United States
    • Court of Appeals of Wisconsin
    • February 16, 2011
    ...than Wis. Stat. § 66.1003(3), which applies to any unpaved alley located within a town. He cites to State ex rel. Welch v. Chatterton, 239 Wis. 523, 300 N.W. 922 (1941), for the proposition that “when a street or road is discontinued, the more specific statute must be employed because argua......
  • State ex rel. Anderton v. Sommers
    • United States
    • United States State Supreme Court of Wisconsin
    • March 9, 1943
    ...raised by the motions to quash the writ. Sec. 260.11, Stats.; 14 C.J.S., Certiorari, p. 206, § 60; State ex rel. Welch v. Chatterton, 239 Wis. 523, 528, 300 N.W. 922;State ex rel. City of Augusta v. Losby, 115 Wis. 57, 60, 90 N.W. 188. Judgment reversed and cause remanded with directions to......
  • Olson v. Gilbertson
    • United States
    • United States State Supreme Court of Wisconsin
    • December 2, 1941
    ...were subject to garnishment as here contended by appellant there would have been no occasion for the enactment of sec. 318.08, Stats. [300 N.W. 922] Appellant argues that the amendment of the garnishment laws by ch. 541, Laws of 1935, has so changed our statutes in reference to garnishment ......
  • Request a trial to view additional results

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