Tewksbury v. Schulenberg
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Croix County. The action was brought to recover tolls for aiding in driving, and for passing over slides in plaintiffs dams on the north fork of Clam river, in Barron county, a quantity of logs belonging to the defendants.
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APPEAL from the Circuit Court for St. Croix County. The action was brought to recover tolls for aiding in driving, and for passing over slides in plaintiffs dams on the north fork of Clam river, in Barron county, a quantity of logs belonging to the defendants. The dams were erected and the tolls are claimed by virtue of ch. 154, Laws of 1874, as amended by ch. 263, Laws of 1876. Sec. 1 of ch. 154 authorizes the plaintiff, his heirs and assigns, to maintain a dam or dams across the north fork of Clam river at two certain points designated in the section, “provided, that such dam or dams shall…
1Opinion of the CourtLyoN, J.
The only grounds upon which a complaint can be successfully demurred to, are those specified in the statute (E. S., ch. 125, sec. 5); and a demand for greater or different relief than the averments of the complaint show the plaintiff entitled to,- is not specified as one of the grounds of demurrer. Yoorhies’ Code (ed. of 1871), 201, note <?, and cases cited. Hence a demurrer does not lie to a demand for judgment, and it was so held in State ex rel. Mitchell v. Smith, 14 Wis., 564. That portion of the demurrer which attacks the plaintiff’s right to a lien on the logs goes only to the relief…
2Cases cited1 opinion
- State ex rel. Mitchell v. SmithWisconsin Supreme Court · 1861
3Cited by9 opinions
- Denner v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1883
- Bayles v. Kansas Pac. R'y Co.Supreme Court of Colorado · 1889
- Boutwell v. Champlain Realty Co.Supreme Court of Vermont · 1915
- Buffalo Pipe Line Co. v. N. Y., Lake Erie & Western R. R. Co.New York Supreme Court · 1880
- Scheibe v. KennedyWisconsin Supreme Court · 1885
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