Smith v. Weage
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. This was an action under the statute for the flowage of land by a mill-dam, and was brought originally against one Russ and one Chapman. Their answer stated, inter alia, that a part of the water-power created by said dam, and certain mills situate thereon, were owned by Weage and Palmer; and the court ordered these persons to be made defendants, and they filed answers.
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APPEAL from the Circuit Court for Jefferson County. This was an action under the statute for the flowage of land by a mill-dam, and was brought originally against one Russ and one Chapman. Their answer stated, inter alia, that a part of the water-power created by said dam, and certain mills situate thereon, were owned by Weage and Palmer; and the court ordered these persons to be made defendants, and they filed answers. These show that each of them was the owner of one undivided third of certain premises about fifteen rods below said mill-dam, upon which was a mill, with the right appurtenant…
1Opinion of the CourtDixon, C. J.
The complaint contains no averment against the appellants, Frederick A. Weage and Nelson H. Palmer, and nothing to connect them with the subject of the action. They were brought in under an order of court dated March 27th, 1861, after the complaint had been filed and served upon the persons originally made parties defendant in the action. No amendment of the complaint was made so as to include the persons named in the order. The order is understood to have been made in pursuance of the requirements of chapter 60, Laws of 1861, afterwards repealed, and again enacted as chapter 168, Laws of…
2Cited by2 opinions
- H. W. Curtis & Co. v. CutlerNebraska Supreme Court · 1878
- Smith v. WhitneyWisconsin Supreme Court · 1868