Brock v. Dole
Wisconsin Supreme Court
APPEAL from the Circuit Court for Olarh County. Action to restrain the defendant from cutting through the ceiling, and roof and erecting a chimney in a building-occupied by him as a tenant of the plaintiff, it being alleged that such acts would cause the plaintiff great and irreparable damage.
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APPEAL from the Circuit Court for Olarh County. Action to restrain the defendant from cutting through the ceiling, and roof and erecting a chimney in a building-occupied by him as a tenant of the plaintiff, it being alleged that such acts would cause the plaintiff great and irreparable damage. An injunctional order was issued upon the complaint by a court commissioner, October 5, 1885. On November 9, 1885, the court made an order modifying the injunctional order so as to permit the defendant to have access to and use another chimney between the room occupied by him and another room in the…
1Opinion of the CourtCole, C. J.
The learned counsel for the defendant insists that the injunctional order of November 9th was superseded or abrogated b}r the subsequent order of November 13th; therefore this appeal should be dismissed because the order is not appealable. By the order of November 9th the circuit court modified the injunctional order granted bv the court commissioner so as to permit the defendant to have access to and use of the chimney between the barbershop and the room occupied by him; and this order further provided, in case the plaintiff did not, or would not, permit the defendant to use the chimney on…
2Cases cited7 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Kidd v. DennisonNew York Supreme Court · 1849
- Haight v. LuciaWisconsin Supreme Court · 1874
- Roberts v. AndersonNew York Court of Chancery · 1816
- Pettibone v. La Crosse & Milwaukee RailroadWisconsin Supreme Court · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- F. W. Woolworth Co. v. NelsonSupreme Court of Alabama · 1920
- Dunn v. Acme Auto & Garage Co.Wisconsin Supreme Court · 1918
- Bass v. Metropolitan West Side El. R.Court of Appeals for the Seventh Circuit · 1897
- Melms v. Pabst Brewing Co.Wisconsin Supreme Court · 1899
- Pearson v. SullivanMichigan Supreme Court · 1920
4 more not listed; retrieve them via the Exa API.