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MADISON v. MONONA

10 Wis.2d 32 (1960)

CITY OF MADISON, Respondent, v. VILLAGE OF MONONA, Appellant. ENGELHART, Respondent, v. SAME, Appellant.

Supreme Court of Wisconsin.

April 5, 1960.

Attorney(s) appearing for the Case

For the appellant there was a brief by Robert C. Buehner, attorney, and Immell, Herro, Buehner & DeWitt of counsel, all of Madison, and oral argument by Jack R. DeWitt.

For the respondents there was a brief and oral argument by Harold E. Hanson, city attorney, for the city of Madison, and C. Bruce Thomas of Madison, for Herbert M. Engelhart.

DIETERICH, J.

On May 5, 1958, respondent Engelhart sought to annex certain territory in the town of Blooming Grove to the city of Madison, and on May 6, 1958, Thomas O. Mackesey sought to annex part of the same territory to the village of Monona.

The law is well settled that where two proceedings are begun about the same time and in good faith, whereby each attempts to annex the same area, the proceedings first instituted must have precedence. Greenfield...

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