Legal Opinion

Janesville Cotton Mills v. Ford

Wisconsin Supreme Court

Decided June 15, 1892PublishedCited by 14 opinions

APPEAL from the Circuit Court for Waulcesha County. This is aü action brought under the provisions of secs, 3149-3Í53, R. S., for the partition of the water-power created by the dam in Rock river at Janesville, among the several owners, all of whom are made parties to this action. The complaint was sustained upon demurrer by this court in 55 Wis. 197. Since that decision the action has been tried upon the merits, and is now here upon appeal from final judgment.

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APPEAL from the Circuit Court for Waulcesha County. This is aü action brought under the provisions of secs, 3149-3Í53, R. S., for the partition of the water-power created by the dam in Rock river at Janesville, among the several owners, all of whom are made parties to this action. The complaint was sustained upon demurrer by this court in 55 Wis. 197. Since that decision the action has been tried upon the merits, and is now here upon appeal from final judgment. In 184-5 A. Hyatt Smith and W. H. H. Bailey commenced the construction of the dam in question, being then the owners of the land on…

1Opinion of the CourtWinslow, J.

The trial of this case was very long. The record before us contains nearly one thousand printed pages. We have carefully examined it, and are satisfied that the findings of the circuit judge upon those questions in the case which are purely questions of fact are amply sustained by the evidence. We shall not discuss them at length. This general statement of our conclusions must suffice.

*423The legal questions at issue are neither numerous nor difficult of statement. Without attempting to quote the language of the findings and judgment in full, it may be briefly stated that the circuit court…

2Cases cited10 opinions

  1. Topliff v. TopliffSupreme Court of the United States · 1887
  2. District of Columbia v. GallaherSupreme Court of the United States · 1888
  3. Ganson v. MadiganWisconsin Supreme Court · 1862
  4. Nilson v. MorseWisconsin Supreme Court · 1881
  5. Smith v. FordWisconsin Supreme Court · 1880

5 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Excelsior Wrapper Co. v. MessingerWisconsin Supreme Court · 1903
  2. Skalicky v. Friendship Electric Light & Power Co.Wisconsin Supreme Court · 1927
  3. George J. Meyer Manufacturing Co. v. Howard Brass & Copper Co.Wisconsin Supreme Court · 1945
  4. La Luz Community Ditch Co. v. Town of AlamogordoNew Mexico Supreme Court · 1929
  5. Burton v. DouglassWisconsin Supreme Court · 1909

9 more not listed; retrieve them via the Exa API.

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