Zweig v. Horicon Iron & Manufacturing Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. The plaintiff claimed damages for the flowing of certain lands in Dodge county in consequence of the erection and maintenance of a dam by the defendant. The claim was submitted to arbitrators appointed pursuant to the defendant’s charter (Private Laws of .1854, p. 189), from whose award, made March 2d, 1859, the plaintiff appealed to the circuit court for Dodge county.
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APPEAL from the Circuit Court for Columbia County. The plaintiff claimed damages for the flowing of certain lands in Dodge county in consequence of the erection and maintenance of a dam by the defendant. The claim was submitted to arbitrators appointed pursuant to the defendant’s charter (Private Laws of .1854, p. 189), from whose award, made March 2d, 1859, the plaintiff appealed to the circuit court for Dodge county. Two of the three arbitrators, A. J. Eising and L. J. Fribert, certified the proceedings before them to said court, stating, ampng other things, that within the time prescribed…
1Opinion of the Court
By the Court,
Páiiste, J.
The circuit court was right in retaining jurisdiction of the proceeding, inasmuch as the return of the arbitrators showed service of the original notice of appeal upon them within the time required by law. So that whether the service stated in the affidavit of Grillet was sufficient or not, the return by them that there was a service must be taken as true and held sufficient.
The only other question is, whether the court erred in denying the motion for a new trial. We have decided at the present term that notwithstanding the Code gives an appeal from orders granting or…
2Cited by3 opinions
- Field v. KinnearSupreme Court of Kansas · 1869
- Anthony v. EddySupreme Court of Kansas · 1869
- McGinley v. LaycockWisconsin Supreme Court · 1896