Legal Opinion

Pennoyer v. Allen

Wisconsin Supreme Court

Decided March 2, 1881PublishedCited by 8 opinions

APPEAL from the Circuit Court for Kenosha County. Defendants appealed from an order sustaining a demurrer to that part of their answer which set up a counterclaim. The nature of the action and of the counterclaim will sufficiently appear from the report in Pennoyer and another v. Allen and (mother, 50 Wis., 308-311; and the present case seems to have been submitted on the argument made in that.

1Opinion of the CourtLyon, J.

This action was brought to reqover damages for a continuation of the same nuisance by the defendants, complained of in Pennoyer v. Allen, 50 Wis., 308, and for an abatement of the alleged nuisance. That action was brought by the present plaintiffs against the defendants Nathan B. and Charles Alien only. In this action, Nathan B. Allen, Jr., who had become a partner in the tannery business before either action was commenced, is also joined as a defendant.

The pleadings in the two cases are substantially alike, and both cases came to this court on appeals from orders sustaining demurrers to the…

2Cases cited3 opinions

  1. Remington v. FosterWisconsin Supreme Court · 1877
  2. Town of Sheboygan v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1867
  3. Pennoyer v. AllenWisconsin Supreme Court · 1880

3Cited by8 opinions

  1. Pennoyer v. AllenWisconsin Supreme Court · 1883
  2. Stadler v. GriebenWisconsin Supreme Court · 1884
  3. Denner v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1883
  4. Brown v. CohnWisconsin Supreme Court · 1894
  5. Telulah Paper Co. v. Patten Paper Co.Wisconsin Supreme Court · 1907

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