Mueller v. Fruen
Supreme Court of Minnesota
Appeal by plaintiffs from an order of the district court for Hennepin county, Young, J., presiding, refusing a new trial.
1Opinion of the CourtMitchell, J.
This was an action to abate a dam which defendant had built on his own land across Bassett creek, so as to raise the water *274in the creek, and thus overflow plaintiffs’ land situated above. The defendant, by way of defence, pleaded that he had maintained this dam in its present condition continuously for more than 12 years before the commencement of this action. To this plaintiffs demurred, on the ground that it did not state facts sufficient to constitute a defence. From an order overruling this demurrer plaintiffs appeal. The only question involved in this appeal is whether, upon the facts…
2Cases cited9 opinions
- Prentice v. . GeigerNew York Court of Appeals · 1878
- Haag v. DelormeWisconsin Supreme Court · 1872
- Haight v. . PriceNew York Court of Appeals · 1860
- Scheuber v. HeldWisconsin Supreme Court · 1879
- Warren v. Van BruntSupreme Court of Minnesota · 1866
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Romans v. NadlerSupreme Court of Minnesota · 1944
- Naporra v. WeckwerthSupreme Court of Minnesota · 1929
- Baldwin v. FisherSupreme Court of Minnesota · 1910
- Schuette v. SutterSupreme Court of Minnesota · 1915
- Schulenberg v. ZimmermanSupreme Court of Minnesota · 1902