Roberts v. Fullerton
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Pierce county: E. W. Helms, Circuit Judge. Action to recover damages for tbe taking of plaintiff’s fisb net from where it was located by him to catch fisb in tbe waters of Lake Pepin, it being staked to tbe bottom of tbe lake, and for the destruction of such net.
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Appeal from an order of tbe circuit court for Pierce county: E. W. Helms, Circuit Judge. Action to recover damages for tbe taking of plaintiff’s fisb net from where it was located by him to catch fisb in tbe waters of Lake Pepin, it being staked to tbe bottom of tbe lake, and for the destruction of such net. Defendant answered, admitting tbe allegations of tbe complaint and pleading in justification that be was an officer of tbe state of Minnesota duly authorized to execute its laws for tbe preservation of fisb, and that in doing the act complained of be was in tbe performance of his official…
1Opinion of the CourtMaRsiiatx, J.
It is conceded, as the fact is, that if the laws of the state of Minnesota respecting the preservation of fish may be enforced by its officers upon the Wisconsin side of the main channel of the Mississippi river, which includes, of course, Lake Pepin, the answer of defendant states a complete justification for the acts complained of. The question turns on the meaning of federal laws by which the states of Minnesota and Wisconsin were given concurrent jurisdiction on the waters of the Mississippi river. The language of the two acts of Congress, the one relating to Wisconsin [Act of Aug. 6,…
2Cases cited18 opinions
- Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
- Mississippi & Missouri Railroad v. WardSupreme Court of the United States · 1863
- Iowa v. IllinoisSupreme Court of the United States · 1893
- Welsh v. StateIndiana Supreme Court · 1890
- Sherlock v. AllingIndiana Supreme Court · 1873
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3Cited by17 opinions
- Commonwealth v. NickersonMassachusetts Supreme Judicial Court · 1920
- Gerhard v. Terminal Railroad Ass'n of St. LouisSupreme Court of Missouri · 1957
- State v. SvensonWashington Supreme Court · 1985
- State v. City of HudsonSupreme Court of Minnesota · 1950
- State v. BowenWisconsin Supreme Court · 1912
12 more not listed; retrieve them via the Exa API.