Cobb v. Smith
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for 'Walworth County. Action against A. Hyatt Smith, Ann M. G. Smith, bis wife, and Charles D. Mead, trustee of .the ■ separate estate of Mrs. Smith, for flowage of plaintiffs’ land by a dam on Rock river. The action was commenced April 12, 1869, in Rock county, and was removed to Walworth county.
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APPEAL from tbe Circuit Court for 'Walworth County. Action against A. Hyatt Smith, Ann M. G. Smith, bis wife, and Charles D. Mead, trustee of .the ■ separate estate of Mrs. Smith, for flowage of plaintiffs’ land by a dam on Rock river. The action was commenced April 12, 1869, in Rock county, and was removed to Walworth county. The complaint, after averring plaintiffs’ ownership, since 1860, of certain lands situate near Rock rivér, alleges that prior to May 28,1861, a dam bad been constructed across said river, below said lands, 'which caused the waters of the river to flow the lands, etc.,…
1Opinion of the CourtCole, J.
There can be no doubt of the soundness of the position assumed by plaintiff’s counsel, that the defendants are estopped from raising the question of title in this action. That was a question which was distinctly and specifically put in issue by the pleadings in the former suit, and was tried and determined. The judgment there rendered is, upon perfectly well settled principles of law, conclusive upon the defendant. The question of title is no more open to further litigation between the parties, than the amount of recovery, or any other question involved in that suit. It .is believed that no…
2Cases cited8 opinions
- Staple v. SpringMassachusetts Supreme Judicial Court · 1813
- Mahon v. . the New York Central Railroad CompanyNew York Court of Appeals · 1860
- Birchard v. BoothWisconsin Supreme Court · 1856
- Slight v. GutzlaffWisconsin Supreme Court · 1874
- Cobb v. SmithWisconsin Supreme Court · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
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- Ramsdale v. FooteWisconsin Supreme Court · 1882
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