Schmoldt v. Loper
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Fond du Lac county: Chester A. Fowler, Circuit Judge. Action to enjoin defendant from stopping up a drain that conveyed surface water from plaintiff’s land over that of the defendant. The latter counterclaimed for an injunction restraining plaintiff from discharging surface water upon his land. Plaintiff’s claim was founded upon adverse user.
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Appeal from a judgment of the circuit court for Fond du Lac county: Chester A. Fowler, Circuit Judge. Action to enjoin defendant from stopping up a drain that conveyed surface water from plaintiff’s land over that of the defendant. The latter counterclaimed for an injunction restraining plaintiff from discharging surface water upon his land. Plaintiff’s claim was founded upon adverse user. The court found against him and entered judgment dismissing the complaint upon the merits and also dismissed the counterclaim. From such judgment the plaintiff appealed.
1Opinion of the CourtVinje, J.
The trial court filed no findings of fact and conclusions of law as the statute requires. Sec. 2863, *153Stats. Instead he filed an opinion of seven pages, four of which contained a statement of “évidentiary facts.” At least that is what the court denominates them. It says: “From the evidentiary facts above stated must be drawn the inference of ultimate fact as to adverse possession that controls the case.” The law of the case is then discussed with the result, as we understand it, that plaintiff failed to show continuous user by the same means for a consecutive period of twenty years. Part of…
2Cases cited7 opinions
- Thoemke v. FiedlerWisconsin Supreme Court · 1895
- Huber v. StarkWisconsin Supreme Court · 1905
- Duncan v. DuncanWisconsin Supreme Court · 1901
- Bruley v. GarvinWisconsin Supreme Court · 1900
- Keystone Lumber Co. v. KolmanWisconsin Supreme Court · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Grimh v. Western Fire InsuranceWisconsin Supreme Court · 1958
- Engh v. Calvert Fire InsuranceWisconsin Supreme Court · 1954
- Angers v. SabatinelliWisconsin Supreme Court · 1944
- Interstate Finance Corp. v. DunphyWisconsin Supreme Court · 1941
- Schroeder v. MoeleyWisconsin Supreme Court · 1924
3 more not listed; retrieve them via the Exa API.