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BARROWS v. KENOSHA

275 Wis. 124 (1957)

BARROWS and wife, Respondents, vs. KENOSHA COUNTY, Appellant.

Supreme Court of Wisconsin.

March 5, 1957.

Attorney(s) appearing for the Case

For the appellant there was a brief by Cavanagh, Mittelstaed, Sheldon, Heide & Hartley of Kenosha, and oral argument by William A. Sheldon.

For the respondents there was a brief and oral argument by Joseph E. Higgins of Kenosha.

STEINLE, J.

Condemnation statutes are in derogation of the common law and must be strictly construed. Union Mfg. Co. v. Spies (1923), 181 Wis. 497, 195 N. W. 326.

Ch. 32 of the revised statutes treats with procedure in eminent domain. Nowhere in that legislation is authority conferred upon this court to entertain an appeal taken prior to the making of an award by commissioners appointed for such purpose.

Until the commissioners have made an...

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