296 N.W. 592 | Wis. | 1941
In a petition filed by the city of Green Bay under sec.
"The language of this section [sec. 1797m — 80, Stats. 1913] standing alone seems to contemplate an action that shall proceed to judgment. But taken in connection with the next section and the whole scheme of condemnation it seems quite clear that the legislature intended the proceeding in court to stop with the verdict, or, in case of a trial by the court, with its finding. . . . The statute nowhere mentions a judgment . . . . The entry of a judgment upon the verdict in this case is an irregularity that does not affect the validity of the finding. An appeal does not lie from a mere verdict of a *232
jury or a finding of fact by the court and so sec. 3047 does not apply. But, irrespective of this, the verdict of the jury is but one step in the condemnation proceeding. There must be a vote on the question by the municipality, a finding of necessity by a jury or the court, and compensation fixed by the commission before the proceeding terminates. As pointed out in Clancy v. Fire P. Comm'rs,
These conclusions, which were recognized with approval in Bangor v. Hussa Canning Pickle Co.
By the Court. — Appeal dismissed.
MARTIN, J., took no part. *233