Fox River Flour & Paper Co. v. Kelley
Wisconsin Supreme Court
APPEAL from, the Circuit Court for Outagamie Countjr. Action to restrain the defendants from using any water, parcel of a certain water-power on the Fox river, in hostility to tbe title of the plaintiff, without leasing or purchasing the same from the plaintiff. The principal facts are stated in the opinion and will not be repeated here.
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APPEAL from, the Circuit Court for Outagamie Countjr. Action to restrain the defendants from using any water, parcel of a certain water-power on the Fox river, in hostility to tbe title of the plaintiff, without leasing or purchasing the same from the plaintiff. The principal facts are stated in the opinion and will not be repeated here. Shortly after the division of the lands between Amos A. Lawrence and Eeeder Smith under the decree enforcing the agreement theretofore made between them, Anson Ballard, whose widows and heirs are referred to in the opinion, obtained title to all the lands and…
1Opinion of the CourtCole, C. J.
The plaintiff claims to be the owner of all the unsold water-power created bjr a system of dams on the Fox river at Appleton, and has filed this bill in equity to restrain the defendants, who own a mill on the lot below, from diverting or using any water drawn from its said water-power. An objection was taken here by the learned *293counsel for the defendants that the plaintiff had an effectual remedy at law, and that a court of equity should turn it over to that remedy where there could be a jury trial settling its rights in the water-power before granting the relief asked. The answer raises no…
2Cases cited7 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885
- Kutz v. McCuneWisconsin Supreme Court · 1868
- Voorhees v. . BurchardNew York Court of Appeals · 1873
- Curtiss v. . AyraultNew York Court of Appeals · 1871
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3Cited by17 opinions
- Thompson v. EnzMichigan Supreme Court · 1967
- Sheffield Car Co. v. Constantine Hydraulic Co.Michigan Supreme Court · 1912
- State ex rel. Wausau Street Railroad v. BancroftWisconsin Supreme Court · 1912
- Harrell v. F. H. Vahlsing, Inc.Court of Appeals of Texas · 1952
- Whitcher v. StateSupreme Court of New Hampshire · 1935
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