Newton v. Allis
Wisconsin Supreme Court
ERROR to tbe Circuit Court for Fond du Lac County. Tbe complaint in this case, which was filed in February, 1859, alleged tbe wrongful erection and maintenance by tbe defendant, of a mill dam, by means of wbicb tbe plaintiff’s land bad been overflowed during six years next before tbe commencement of tbe suit, demanding judgment for $5,000 damages, and also that tbe dam be abated and the defendant be restrained from maintaining any dam by which the plaintiff’s land should be…
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ERROR to tbe Circuit Court for Fond du Lac County. Tbe complaint in this case, which was filed in February, 1859, alleged tbe wrongful erection and maintenance by tbe defendant, of a mill dam, by means of wbicb tbe plaintiff’s land bad been overflowed during six years next before tbe commencement of tbe suit, demanding judgment for $5,000 damages, and also that tbe dam be abated and the defendant be restrained from maintaining any dam by which the plaintiff’s land should be overflowed. The answer was, other things, that the dam was erected in 1843; that the defendant had always been ready and…
1Opinion of the Court
By the Court,
PAINE, J.
This suit was brought, obviously, . as a common law action, for tbe flowing of tbe plaintiff’s land by the ei’ection of a mill dam. Tbe judgment demanded was for damages, and a perpetual injunction against maintaining tbe dam. While tbe suit was pending, and after an answer bad been put in by tbe defendant, setting up tbe mill dam law by way of defense, tbe decision of this court was announced, bolding tbe mill dam law constitutional. Tbe plaintiff then claimed that bis complaint was sufficient as a proceeding under that law to recover bis compensation, and asked leave…
2Cited by16 opinions
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- Supervisors of Kewaunee County v. DeckerWisconsin Supreme Court · 1872
- Patillo v. Allen-West Commission Co.Court of Appeals for the Eighth Circuit · 1904
- Meinshausen v. A. Gettelman Brewing Co.Wisconsin Supreme Court · 1907
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