Noonan v. Orton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. The original bill in this cause, filed in 1855, prayed for a decree requiring the defendant to execute and deliver to the complainants a lease for ninety-nine years of a certain amount of water, to be taken from the dam therein described, pursuant to the alleged covenants for a renewal contained in a previous lease.
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APPEAL from the Circuit Court for Racine County. The original bill in this cause, filed in 1855, prayed for a decree requiring the defendant to execute and deliver to the complainants a lease for ninety-nine years of a certain amount of water, to be taken from the dam therein described, pursuant to the alleged covenants for a renewal contained in a previous lease. There were further prayers, (1) that defendant be required to raise said dam to a certain height, and to perform the covenants of said former lease in respect to the raising and repair of said dam and the supplying of the amount of…
1Opinion of the Court
The following opinion was filed at the January term, 1872.
Dixon, C. J.
The statute enacts: “In all cases, the supreme court shall remit its judgment or decision to the court from which the appeal was taken, to be enforced accordingly; and if the appeal is from a judgment, final judgment shall, thereupon, be entered in the court below, in accordance therewith, except where otherwise ordered.” 2 Tay. Stats., 1633, § 7. This statute plainly contemplates a case where the supreme court is able to and does pronounce a judgment or decision in the cause, which judgment or decision shall be a guide for…
2Cases cited4 opinions
- Winslow v. NewlanIllinois Supreme Court · 1867
- Noonan v. OrtonWisconsin Supreme Court · 1870
- Watson v. BoylstonMassachusetts Supreme Judicial Court · 1809
- Broaddus v. BroaddusCourt of Appeals of Kentucky · 1835
3Cited by8 opinions
- State v. GerhardtIndiana Supreme Court · 1896
- Oklahoma City Land & Development Co. v. HareSupreme Court of Oklahoma · 1917
- Harper v. Aetna Bldg. & Loan Ass'nSupreme Court of Oklahoma · 1922
- Welch v. WelchWisconsin Supreme Court · 1873
- Selleck v. GriswoldWisconsin Supreme Court · 1880
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