Zweig v. Horicon Iron & Manufacturing Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The erection of a dam across Rock river near the village of Horicon, was commenced in 1845, and completed in 1846 or 1847. A saw mill was built in connection with tbe dam in 1847, and a grist mill in the winter of 1848 and 1849. In June, 1852, the dam went out; and another was immediately commenced, and was completed in the spring of 1853. On the 15th of March, 1854, “ an act to incorporate the Horicon Iron and…
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APPEAL from the Circuit Court for Milwaukee County. The erection of a dam across Rock river near the village of Horicon, was commenced in 1845, and completed in 1846 or 1847. A saw mill was built in connection with tbe dam in 1847, and a grist mill in the winter of 1848 and 1849. In June, 1852, the dam went out; and another was immediately commenced, and was completed in the spring of 1853. On the 15th of March, 1854, “ an act to incorporate the Horicon Iron and Manufacturing Company ” was approved by the governor ; and on the 3d of May following, it was published. The s'eventh section of…
1Opinion of the Court
By the Court,
Cole, J.
This action is brought for the purpose of removing the dam of the Horicon Iron and Manufacturing Company, which overflows the land of the appellant. The company claims the right to maintain the dam by virtue of an act of the legislature of this state. Chap. 133, Pr. Laws of 1854. The appellant, after resorting to the remedy given by the seventh section of the charter, — obtaining judgment and issuing execution thereon, which was returned unsatisfied, —commenced this suit to abate the dam. The circuit judge, considering it doubtful whether the appellant had exhausted his…
2Cases cited3 opinions
- Sheldon v. RockwellWisconsin Supreme Court · 1859
- People v. HumphreyNew York Supreme Court · 1810
- Hankins v. LawrenceIndiana Supreme Court · 1846
3Cited by7 opinions
- Osborn v. KoenigheimTexas Supreme Court · 1882
- Millhiser Manufacturing Co. v. Gallego Mills Co.Supreme Court of Virginia · 1903
- Campbell & Clough v. AlfordTexas Supreme Court · 1882
- Oppenheimer v. CollinsWisconsin Supreme Court · 1902
- State Bank of La Crosse v. BienfangWisconsin Supreme Court · 1907
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