Legal Opinion

Manny v. Smith

Wisconsin Supreme Court

Decided February 7, 1860PublishedCited by 3 opinions

This action was commenced by William F. Manny against Lafayette Smith and Richard Woolsey before a justice of the peace; the facts of which are sufficiently stated in the opinion of the court.

1Opinion of the Court

By the Court,

Dixon, C. J.

This is an action of trespass quare clausum fregit commenced before a justice of the peace prior to the passage of the code. The defendants pleaded not guilty, and gave notice that they should insist upon and give in evidence that the defendant Smith had a pre-emption right to the premises in question, under and by virtue of chapter 84 of the laws of 1855, entitled “An act for the protection of swamp and overflowed lands in this state, and to grant pre-emption rights thereon.” That the several supposed trespasses mentioned in the declaration were acts lawfully done by…

2Cases cited3 opinions

  1. Striker v. MottNew York Supreme Court · 1831
  2. Veeder v. GuppyWisconsin Supreme Court · 1854
  3. Heaton v. FerrisNew York Supreme Court · 1806

3Cited by3 opinions

  1. State v. DoaneWisconsin Supreme Court · 1861
  2. Ashbough v. WalterWisconsin Supreme Court · 1869
  3. Lowitz v. LeverentzWisconsin Supreme Court · 1883

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