Raisbeck v. Anthony
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. Action to restrain the defendants from mining upon land belonging to the plaintiff. The cause was before this ■court on a former appeal, and is reported in Y3 Wis. 512. On the filing of the remittitur in the court below the plaintiff moved for judgment in accordance with the mandate of this court.
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APPEAL from the Circuit Court for La Fayette County. Action to restrain the defendants from mining upon land belonging to the plaintiff. The cause was before this ■court on a former appeal, and is reported in Y3 Wis. 512. On the filing of the remittitur in the court below the plaintiff moved for judgment in accordance with the mandate of this court. Before the judgment was signed, the defendants moved the court “ to find, fix, and determine by its findings and judgment herein, the 300 yards limit from the rock fence mentioned in the complaint, so that the same can be definitely and accurately…
1Opinion of the CourtCole, C. J.
Some interesting questions of practice were raised and' discussed on the argument of this cause, but we shall not consider them, because our views are adverse to the claims of the defendants, after giving them the benefit of all exceptions taken to the original findings of the trial court of which they now seek to avail themselves. It is desirable that this litigation should come to an end, since the cause has been fully tried upon the merits and the rights of the parties conclusively determined. The judgment of the circuit court conforms to the mandate of this court, and is correct. The…
2Cases cited1 opinion
- Raisbeck v. AnthonyWisconsin Supreme Court · 1889