Kimberly-Clark Co. v. Patten Paper Co.
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Fond du Lac county: Chesteb A. Fowler, Circuit Judge. ■This suit was commenced November 10, 1903, for the purposes (1) of determining what volume of water the defendant is entitled to draw from that mill-pond which furnishes the so-called “West Water Power;” (2) restraining the defendant from withdrawing from said mill-pond more than the volume of water so determined; (3) restraining the defendant from drawing from said…
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Appeals from a judgment of the circuit court for Fond du Lac county: Chesteb A. Fowler, Circuit Judge. ■This suit was commenced November 10, 1903, for the purposes (1) of determining what volume of water the defendant is entitled to draw from that mill-pond which furnishes the so-called “West Water Power;” (2) restraining the defendant from withdrawing from said mill-pond more than the volume of water so determined; (3) restraining the defendant from drawing from said mill-pond upon lot 9 of Grand Chute Island in the Fourth ward of the city of Appleton as per John Stevens’s map of 1879, more…
1Opinion of the CourtTimlin, J.
The plea in abatement was disposed of by the decision of this court in Telulah P. Co. v. Patten P. Co. 132 Wis. 425, 112 N. W. 522. The defendant interposed a plea of the statute of limitations and adverse possession, but also interposed its counterclaim, which presented for investigation and adjudication questions so interrelated with plaintiff’s claims under its several grants as to open up the whole subject for equitable consideration and decision. Besides, the wrong asserted by the plaintiff was continuing or constantly recurring. Cedar Lake H. Co. v. Cedar Creek H. Co. 79 Wis. 297, 48 N.…
2Cases cited18 opinions
- Dull v. BlackmanSupreme Court of the United States · 1898
- Colrick v. . SwinburneNew York Court of Appeals · 1887
- Hart v. MoultonWisconsin Supreme Court · 1899
- Grunert v. SpaldingWisconsin Supreme Court · 1899
- Gossens v. Mattoon Manufacturing Co.Wisconsin Supreme Court · 1899
13 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Connor Livestock Co. v. FisherArizona Supreme Court · 1927
- Geiss v. Trinity Lutheran Church CongregationNebraska Supreme Court · 1930
- Universal Die & Stampings, Inc. v. JustusCourt of Appeals of Wisconsin · 1993
- Steenberg v. KaysenSupreme Court of Minnesota · 1949
- Kirchen v. Guaranty National InsuranceDistrict Court, E.D. Wisconsin · 1976
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