Barnes v. City of Racine
Wisconsin Supreme Court
APPEAL IN EQUITY FROM THE HACINE CIRCUIT COURT. The bill in this case was filed in the Racine Circuit Court in September, A. D. 1853, for an injunction to restrain the said defendants from building a bridge across Root River in said city. Some eight persons joined with the said Barnes as complainants,each alleging some special interest and injury. Earle was employed by the city as contractor to build the bridge.
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APPEAL IN EQUITY FROM THE HACINE CIRCUIT COURT. The bill in this case was filed in the Racine Circuit Court in September, A. D. 1853, for an injunction to restrain the said defendants from building a bridge across Root River in said city. Some eight persons joined with the said Barnes as complainants,each alleging some special interest and injury. Earle was employed by the city as contractor to build the bridge. The bill sets forth the respective interests of the several complainants, in the different parcels of property or lots situated upon the said river to be affected by the erection of…
1Opinion of the Court
*465By the Court,
WhitoN, O. J.
We do not think that the reason given by the judge who decided the case in the court below for dismissing the bill, is a valid one.
It appears that an injunction had been obtained at the time of filing the bill, and that a motion had been made before the predecessor of the judge, to dissolve it on various grounds, one of which was an alleged want of equity, and that" the motion was sustained. The judge who dismissed the bill thought this was 'a decision upon the merits of the bill, which precluded him from an examination into them. In this we think he was mistaken.…
2Cited by18 opinions
- Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
- Fox River Paper Co. v. Railroad CommissionSupreme Court of the United States · 1927
- MacRum v. HawkinsNew York Court of Appeals · 1933
- Tilly v. Mitchell & Lewis Co.Wisconsin Supreme Court · 1904
- In re EldredWisconsin Supreme Court · 1879
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