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WILUSZ v. WITEK

258 Wis. 397 (1951)

WILUSZ and wife, Appellants, vs. WITEK and others, Respondents.

Supreme Court of Wisconsin.

February 6, 1951.

Attorney(s) appearing for the Case

For the appellants there was a brief by Kaftan, Kaftan & Kaftan of Green Bay, and Smith & Smith of De Pere, and oral argument by Robert J. Kaftan and Herb J. Smith.

For the respondents there was a brief by Evrard & Evrard and Joseph P. Holman, all of Green Bay, for Witeks, and by Chadek, Cornelisen, Denissen & Farrell of Green Bay, for the supervisors of the town of Suamico, and oral argument by Mr. Holman, Mr. Raymond E. Evrard, and Mr. R. J. Farrell.

MARTIN, J.

Defendant-respondent Michael Witek on February 25, 1948, applied to the town board of Suamico, Brown county, for a road under sec. 80.13, Stats. His affidavit was in accordance with the statute and stated that his forty acres in question,—

". . . is shut off from all public highways by being surrounded on all sides by real estate belonging to other persons and that he is unable to purchase from any of said persons the right of way over or...

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