State ex rel. Attorney General v. Norcross
Wisconsin Supreme Court
Appeal from an order of the circuit court for Eock county: E. E. DuNwiddie, Circuit Judge. Quo warranto. The appeal is from an order sustaining a demurrer to the complaint.
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Appeal from an order of the circuit court for Eock county: E. E. DuNwiddie, Circuit Judge. Quo warranto. The appeal is from an order sustaining a demurrer to the complaint. They argued, among other things, that whether a river wherein the tide does not ebb and flow and whose navigability is not historic is navigable in fact, is a question of fact of which a court cannot take judicial notice, but is to be determined by evidence as to its size, capacity, character, and condition; and the fact of navigability is admitted by a general denrurrer' to a pleading alleging it. Waller v. McConnell, 19…
1Opinion of the Court
The following opinion was filed May 21, 1907:
TimliN, J.
The complaint avers that the action is brought by the attorney general under the provisions of sea 3466, Stats. (1898) ; that Rock river is a navigable stream rising in or near Eond du Lac county, in this state, thence flowing in a southerly direction through the counties of Dodge, Jefferson, and Rock in this state, and thence into the Mississippi river, and that in the southerly part of Jefferson county is Lake Koskkonong, which has an extreme length of about seven miles and an extreme width of about four miles. Rock *539river flows through…
2Cases cited9 opinions
- United States v. Rio Grande Dam & Irrigation Co.Supreme Court of the United States · 1899
- State ex rel. Attorney General v. Portage City Water Co.Wisconsin Supreme Court · 1900
- Hawley v. TeschWisconsin Supreme Court · 1888
- State ex rel. Jackson v. Town of MansfieldMissouri Court of Appeals · 1903
- Moritz v. SplittWisconsin Supreme Court · 1882
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3Cited by9 opinions
- State Ex Rel. City Bank & Trust Co. v. Marshall & Ilsley BankWisconsin Supreme Court · 1958
- Shearer v. Wisconsin Department of Natural ResourcesCourt of Appeals of Wisconsin · 1989
- State v. SutherlandWisconsin Supreme Court · 1918
- Franke v. H. P. Nelson Co.Wisconsin Supreme Court · 1914
- Ames v. HehnerNebraska Supreme Court · 1989
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