Rogers v. John Week Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Portage county: John Goodland, Judge. This is an action in equity brought to perpetually enjoin, as a nuisance, the erection of a planing mill in the city of Stevens Point.
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Appeal from a judgment of the circuit court for Portage county: John Goodland, Judge. This is an action in equity brought to perpetually enjoin, as a nuisance, the erection of a planing mill in the city of Stevens Point. The complaint, after alleging the corporate character of the defendant, alleges that the plaintiff owns two lots in the residence portion of the city of Stevens Point on which are located his dwelling house and barn, and that said dwelling house has been occupied by plaintiff and his family as a homestead for more than fifteen years last past; that on May 1, 1900, the…
1Opinion of the CourtWinslow, J.
The idea expressed by the trial court in deciding the demurrer ore tenus, that the former decision of the same court denying a preliminary injunctional order was res adjudicata as to the sufficiency of the complaint, was plainly erroneous. An order of the trial court sustaining a demurrer to a pleading is not res adjudicata upon the same questions raised upon a second demurrer. Schoenleber v. Burkhardt, 94 Wis. 575, 69 N. W. 343. Much less is an order refusing an injunction res adjudicata upon a subse*9quent demurrer to the complaint, for the plain reason that there are many grounds besides the…
2Cases cited6 opinions
- Wisconsin River Improvement Co. v. LyonsWisconsin Supreme Court · 1872
- Stadler v. GriebenWisconsin Supreme Court · 1884
- Remington v. FosterWisconsin Supreme Court · 1877
- Schoenleber v. BurkhardtWisconsin Supreme Court · 1896
- McCann v. StrangWisconsin Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Sohns v. JensenWisconsin Supreme Court · 1960
- Hein v. LeeWyoming Supreme Court · 1976
- Boerschinger v. Elkay Enterprises, Inc.Wisconsin Supreme Court · 1965
- Carthew v. City of PlattevilleWisconsin Supreme Court · 1914
- Dolata v. Berthelet Fuel & Supply Co.Wisconsin Supreme Court · 1948
9 more not listed; retrieve them via the Exa API.