French v. Owen
Wisconsin Supreme Court
mROB TO THE COLUMBIA CIRCUIT COURT. This is a proceeding under an act relating to mills and mill dams, approved January 13, 1840, and repealed January 1, 1850. The defendant in error filed, in the Circuit Court of Columbia county, a complaint against the plaintiff in error, setting forth that he w»s the owner of a certain piece of land in said county; that a stream of water, not navigable, known as French’s creek, ran through said land ; that on the 1st day of October, 1848,…
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mROB TO THE COLUMBIA CIRCUIT COURT. This is a proceeding under an act relating to mills and mill dams, approved January 13, 1840, and repealed January 1, 1850. The defendant in error filed, in the Circuit Court of Columbia county, a complaint against the plaintiff in error, setting forth that he w»s the owner of a certain piece of land in said county; that a stream of water, not navigable, known as French’s creek, ran through said land ; that on the 1st day of October, 1848, the plaintiff in error made and erected a water saw mill on said stream, and a dam to raise water for working said mill…
1Opinion of the Court
By the Court,
Cbawfobd, J.
The first error assigned in this case, - relates to- the overruling of the motion to dismiss the proceedings in the Circuit Court. The motion possessed no merits, and the court decided correctly in overruling it. The second error as*254s%ned presents tlie question upon which we will dispose of the case.
On the trial in the Circuit Court, the respondent (who is plaintiff here) offered to prove by a witness, a parol license to flow the land in question, given to him before the erection of his mill and dam, and also subsequent thereto, and previous to the commencement of…
2Cases cited3 opinions
- Mumford v. WhitneyNew York Supreme Court · 1836
- Toombs v. StoneCourt of Appeals of Kentucky · 1859
- Branch v. DoaneSupreme Court of Connecticut · 1845
3Cited by14 opinions
- Thoemke v. FiedlerWisconsin Supreme Court · 1895
- Fryer v. WarneWisconsin Supreme Court · 1872
- Huber v. StarkWisconsin Supreme Court · 1905
- Patel v. Comm'rUnited States Tax Court · 2012
- Clute v. CarrWisconsin Supreme Court · 1866
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