Case v. Hoffman
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Jackson county: W. F. Bailey, Circuit Judge. The following statement of the facts was prepared by Mr. Justice NewMAN in connection with the opinion filed by him on September 28, 1898: This is an action in equity to restrain the defendants from diverting the course of a ditch or alleged watercourse from the plaintiff’s lands, and to enforce the performance by the defendants of an alleged contract to maintain the ditch in its…
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Appeal from a judgment of the circuit court for Jackson county: W. F. Bailey, Circuit Judge. The following statement of the facts was prepared by Mr. Justice NewMAN in connection with the opinion filed by him on September 28, 1898: This is an action in equity to restrain the defendants from diverting the course of a ditch or alleged watercourse from the plaintiff’s lands, and to enforce the performance by the defendants of an alleged contract to maintain the ditch in its present location on plaintiff’s land, for the benefit of plaintiff’s cranberry marsh. The parties are all owners of land on…
1ConcurrenceCassoday, C. J.
I concur in the dissenting opinion of Mr. Justice Maeshall in this case. I concurred in the decision of this court in this action on the former appeal, and the *350opinion, then written in support of the same by tbe late Ohief Justice Oetoh, in behalf of the majority of the court as then constituted, because I believed that opinion to be substantially correct. I perceive no reason now for changing the conviction then reached. On the contrary, that conviction has since been confirmed by the re-examination of the principles involved, and by the express approval of that decision, and the principles…
2Cases cited14 opinions
- Oakley v. . AspinwallNew York Court of Appeals · 1850
- Hall v. ThayerMassachusetts Supreme Judicial Court · 1870
- Rigney v. Tacoma Light & Water Co.Washington Supreme Court · 1894
- Mitchell v. BainIndiana Supreme Court · 1895
- Newcome v. LightTexas Supreme Court · 1882
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