Brower v. Merrill
Wisconsin Supreme Court
ERROR to the Circuit Court for Dodge County. The plaintiff, Merrill, complained against the defendants, Geo. W. and John L. Brower, under the mill dam act of 1840, alleging that he was the owner of certain lands described in his complaint, valuable for agricultural purposes ; that the defendants erected and maintained a dam on the outlet of Eox Lake adjacent thereto, whereby the water in said lake was raised and made to overflow a portion of said lands and whereby they…
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ERROR to the Circuit Court for Dodge County. The plaintiff, Merrill, complained against the defendants, Geo. W. and John L. Brower, under the mill dam act of 1840, alleging that he was the owner of certain lands described in his complaint, valuable for agricultural purposes ; that the defendants erected and maintained a dam on the outlet of Eox Lake adjacent thereto, whereby the water in said lake was raised and made to overflow a portion of said lands and whereby they became submerged and rendered useless, etc. Plea not guilty. At the trial, the court among other things charged the jury that…
1Opinion of the Court
KírowLTON, J.
This case was tried before the Chief Justice, and the question presented for the consideration of this court arises on a complaint instituted under the act of 1840, relating to mills and mill dams.
We might with propriety dispose of the points relied on by the plaintiff in error by saying that error is never presumed, but that the party alleging it must show it in some legitimate way.
In this case, no part of the evidence is before us. No bill of exceptions, signed by the judge, accompanies or forms a part of. the record. It is therefore impossible to know whether the court below…
2Cited by5 opinions
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- Spence v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1885
- Harding v. FunkSupreme Court of Kansas · 1871
- Kearns v. ThomasWisconsin Supreme Court · 1875
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870