Rahr v. Wittmann
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. Hastings, Circuit Judge. This action was brought to restrain the defendant from entering upon land known as Lake street, in front of plaintiff’s premises in the city of Manitowoc, Wisconsin, and so obstructing the same as to prevent plaintiff from having ingress and egress to and from his premises. The defendant set up certain former judgments as a bar to this action.
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Appeal from a judgment of the circuit court for Brown county: S. D. Hastings, Circuit Judge. This action was brought to restrain the defendant from entering upon land known as Lake street, in front of plaintiff’s premises in the city of Manitowoc, Wisconsin, and so obstructing the same as to prevent plaintiff from having ingress and egress to and from his premises. The defendant set up certain former judgments as a bar to this action. It appeared on the trial in the court below that the plaintiff in this action, William Rahr, had commenced several similar actions against several other…
1Opinion of the Court
KjüRWIIt, J.
Upon the findings of the court below, which are supported by the evidence, we see no escape from the conclusion that the judgment must be affirmed. The only question to be considered here is whether the several judgments pleaded in the answer constitute a bar. These judgments went upon the fact found that Lake street, so called, was not a public street, and that plaintiff’s connection with these ac*201tions was in bis official capacity as mayox of tbe city of Mani-towoc. Tbe private or individual interest wbicb plaintiff asserts is tbe basis of tbe present action was not in issue or…
2Cases cited16 opinions
- Hughes v. United StatesSupreme Court of the United States · 1866
- Rowell v. SmithWisconsin Supreme Court · 1905
- First National Bank v. . ShulerNew York Court of Appeals · 1897
- Tilly v. Mitchell & Lewis Co.Wisconsin Supreme Court · 1904
- Lyon v. Perin & Gafe Manufacturing Co.Supreme Court of the United States · 1888
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3Cited by18 opinions
- Norwood v. McDonaldOhio Supreme Court · 1943
- John Klingman v. National Indemnity CompanyCourt of Appeals for the Seventh Circuit · 1963
- Hammes v. First National Bank & Trust Co.Wisconsin Supreme Court · 1977
- Bentson Administrator v. BrownWisconsin Supreme Court · 1926
- Estate of Ryan: Merton v. PufferWisconsin Supreme Court · 1914
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