Sobey v. Thomas
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Iowa County. Action for continuing trespass upon certain mining lands. Tbe acts charged were the entering upon, digging and mining upon tbe premises, and carrying away large quantities of lead and zinc ores. Injunction was prayed, and a temporary injunction was allowed.
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APPEAL from tbe Circuit Court for Iowa County. Action for continuing trespass upon certain mining lands. Tbe acts charged were the entering upon, digging and mining upon tbe premises, and carrying away large quantities of lead and zinc ores. Injunction was prayed, and a temporary injunction was allowed. The defendants answered, alleging that their mining operations were not carried on upon lands included in the plaintiffs’ lease, nor in a mine to which plaintiffs bad any right or claim. Upon the verified answer and several affidavits tending to support its allegations, the defendants moved to…
1Opinion of the Court
RyaN, O. J.
The action below is for damages for continuing trespass. An injunction was prayed on the ground of the insolvency of the respondents; and a temporary injunction was allowed.
An order was afterward made dissolving the injunction, upon condition that the respondents should give an undertaking with sureties to secure the appellants ; the injunction to be dissolved from the filing of the undertaking. The respondents gave the undertaking accordingly; and the injunction stood dissolved by the terms of the order.
After the undertaking had been given, another order was made, again dissolving…
2Cited by2 opinions
- Simon v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1946
- McCord v. AkeleyWisconsin Supreme Court · 1907