Lawson v. Menasha Wooden-Ware Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The case is thus stated by Mr. Justice Cassoday: “ This action is to restrain the defendant from using and drawing water from the plaintiffs’ water-power in excess of the amount covered by certain leases held by it, and for an accounting and damages for such excess. The action was commenced by the service of a summons May 18, 18YY, in favor of Publius Y. Lawson, A. Lydia Reed, and Curtis Reed.
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APPEAL from the Circuit Court for Winnebago County. The case is thus stated by Mr. Justice Cassoday: “ This action is to restrain the defendant from using and drawing water from the plaintiffs’ water-power in excess of the amount covered by certain leases held by it, and for an accounting and damages for such excess. The action was commenced by the service of a summons May 18, 18YY, in favor of Publius Y. Lawson, A. Lydia Reed, and Curtis Reed. Pending the suit, and before the service of the complaint, A. Lydia and Curtis Reed sold all their interest in and to the water-power and the action…
1Opinion of the CourtCassoday, J.
Undoubtedly the rule is settled in this state, as urged, in effect, by counsel for the defendant, that when a complaint attempts but fails to state a cause of action in equity, a general demurrer thereto will be sustained, notwithstanding it may contain allegations which, if eliminated and standing by themselves, might be sufficient to constitute a cause of action at law. Denner v. C., M. & St. P. R’y Co., 57 Wis., 218, and cases there cited. To sustain the ruling of the trial court, the complaint must, therefore, state a cause of action of equitable cognizance.
Here, it appears, that the…
2Cases cited13 opinions
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Webb v. Portland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1838
- City of Emporia v. SodenSupreme Court of Kansas · 1881
- Comstock v. . JohnsonNew York Court of Appeals · 1871
- Wilson v. City of Mineral PointWisconsin Supreme Court · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Butterick Publishing Co. v. RoseWisconsin Supreme Court · 1910
- Falls Manufacturing Co. v. Oconto River Improvement Co.Wisconsin Supreme Court · 1894
- Connecticut River Lumber Co. v. Olcott Falls Co.Supreme Court of New Hampshire · 1889
- Lyndon Lumber Co. v. SawyerWisconsin Supreme Court · 1908
- Patten Paper Co. v. Kaukauna Water-Power Co.Wisconsin Supreme Court · 1888
3 more not listed; retrieve them via the Exa API.