Larson v. Furlong
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kewaunee County. The case is thus stated by Mr. Justice Taylor: “ The following is the complaint in this action: ‘ The plaintiffs complain against defendants and allege, that on the first day of June, 1876, they were the owners and lawfully in possession of a certain dock or wharf, then lawfully being in the waters of Washington harbor, and near the shore thereof, in the town of Washington, county of Door, and state of Wisconsin, being the…
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APPEAL from the Circuit Court for Kewaunee County. The case is thus stated by Mr. Justice Taylor: “ The following is the complaint in this action: ‘ The plaintiffs complain against defendants and allege, that on the first day of June, 1876, they were the owners and lawfully in possession of a certain dock or wharf, then lawfully being in the waters of Washington harbor, and near the shore thereof, in the town of Washington, county of Door, and state of Wisconsin, being the same dock or wharf which had in said year been then and there erected by the plaintiffs, and being of the value of…
1Opinion of the CourtTaylor, J.
It is not very clear upon what ground the learned circuit court ordered the nonsuit, but, from the grounds set out by the attorney for the defendants in moving for the nonsuit, it is probable that it was ordered for the reason that the plaintiffs had neither shown possession of the dock in question, nor a right tó possession.
If the nonsuit was ordered on that ground, we are'clearly of the opinion that it cannot be sustained. The plaintiffs showed that they had recently built the dock or cribs, and thereby they showed actual possession whilst such building was going on. Shortly before the…
2Cases cited14 opinions
- Diedrich v. Northwestern Union Railway Co.Wisconsin Supreme Court · 1877
- Ely v. . Supervisors of Niagara CountyNew York Court of Appeals · 1867
- Castello v. LandwehrWisconsin Supreme Court · 1871
- Remington v. FosterWisconsin Supreme Court · 1877
- Harrower v. RitsonNew York Supreme Court · 1861
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- City of Madison v. MayersWisconsin Supreme Court · 1897
- City of Orlando v. PraggSupreme Court of Florida · 1893
- McCarthy v. MurphyWisconsin Supreme Court · 1903
- State v. DeinesSupreme Court of Kansas · 2000
- Godsell v. FlemingWisconsin Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.