Bevier v. Dillingham
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Sheboygan County. This action was brought in 1863, against Stephen Dillingham,, James T. Dillingham and Joseph Swift, to recover damages for the flowage of the plaintiff’s land by a mill dam alleged to have been maintained by them during the three years preceding. and also compensation for the right to fiow in future, «fee.
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APPEAL from tbe Circuit Court for Sheboygan County. This action was brought in 1863, against Stephen Dillingham,, James T. Dillingham and Joseph Swift, to recover damages for the flowage of the plaintiff’s land by a mill dam alleged to have been maintained by them during the three years preceding. and also compensation for the right to fiow in future, «fee. The defendants, by their answer, first deny most of the material allegations of the complaint; secondly, they allege that the dam had been maintained at the same height since 1847, when it was erected “ under the authority of the law then…
1Opinion of the Court
By the Court,
Cole, J.
We have no doubt that an action under the mill dam act to recover damages for the flowage of land, is to be regarded as a suit on the law side of the court, and is generally governed by those principles applicable to legal actions, unless where it is otherwise specially provided in the act itself. What effect, therefore, the non-joinder of Slade as a party defendant, who owns a one-fourth part of the mill property, must have upon the suit, is to be determined by the analogies of legal rather than equitable actions. It was suggested upon the argument that chap. 60, Laws of…
2Cases cited1 opinion
- The People v. . McCumberNew York Court of Appeals · 1858
3Cited by6 opinions
- Weaver v. ShipleyIndiana Supreme Court · 1891
- Allaby v. Mauston Electric Service Co.Wisconsin Supreme Court · 1908
- Goll v. HubbellWisconsin Supreme Court · 1884
- Lum Sung v. LuningHawaii Supreme Court · 1901
- Luse v. RankinNebraska Supreme Court · 1899
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