Legal Opinion

Geise v. Greene

Wisconsin Supreme Court

Decided May 11, 1880PublishedCited by 4 opinions

APPEAL from the County Court of Doclge County. Action under the general mill-dam law. The complaint alleges the overflow and injury of plaintiff’s land in Dodge county, contiguous to the Crawfish river — which is described as a non-navigable stream, —by means of defendant’s mill dam across said river, located in Jefferson county.

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APPEAL from the County Court of Doclge County. Action under the general mill-dam law. The complaint alleges the overflow and injury of plaintiff’s land in Dodge county, contiguous to the Crawfish river — which is described as a non-navigable stream, —by means of defendant’s mill dam across said river, located in Jefferson county. It also avers that the dam is maintained at an unreasonable height; and the prayer is for damages, past and prospective, and that the verdict and judgment determine how much the dam shall be lowered. The defendants demurred to the complaint for insufficiency of…

1Opinion of the CourtOetoN, J.

The above cases were submitted together upon one argument, and there will be but one opinion, and that filed in the first case. The positions assumed and so ably urged by the learned counsel of the appellants in support of the demurrer are: first, that the jurisdiction to try and determine this case could not be constitutionally conferred upon the county court of Dodge county; second, that such jurisdiction has not been conferred by law upon that court; third, that the Crawfish river is a navigable stream, and therefore not within the present mill-dam law; fourth, that the present mill-dam…

2Cases cited4 opinions

  1. State ex rel. Mann v. BrophyWisconsin Supreme Court · 1875
  2. Wood v. HustisWisconsin Supreme Court · 1863
  3. McNab v. NoonanWisconsin Supreme Court · 1871
  4. State ex rel. Child v. SmithWisconsin Supreme Court · 1865

3Cited by4 opinions

  1. Cody v. CodyWisconsin Supreme Court · 1898
  2. Allaby v. Mauston Electric Service Co.Wisconsin Supreme Court · 1908
  3. Chase v. OstromWisconsin Supreme Court · 1880
  4. Taylor v. De CampWisconsin Supreme Court · 1887

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