McDougald v. New Richmond Roller Mills Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for St. Croix county: E. W. Helms, Circuit Judge. Action to abate a dam. The issues raised by the complaint, answer, and reply sufficiently appear from this abridgment of the findings: 1. Since September 16, 1898, plaintiff, then aged fifty years, has been in possession as tenant by curtesy of the land described in the complaint, and the title thereof subject thereto has been in his son Amos, then aged eighteen years,, and his…
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Appeal from a judgment of the circuit court for St. Croix county: E. W. Helms, Circuit Judge. Action to abate a dam. The issues raised by the complaint, answer, and reply sufficiently appear from this abridgment of the findings: 1. Since September 16, 1898, plaintiff, then aged fifty years, has been in possession as tenant by curtesy of the land described in the complaint, and the title thereof subject thereto has been in his son Amos, then aged eighteen years,, and his daughter, Helena, then aged thirteen years. 2. The northerly boundary of the land is Apple river, a navigable stream. 3.…
1Opinion of the CourtMaRShall, J.
The character of the findings justifies calling attention to what was said in Farmer v. St. Croix Power Co. 117 Wis. 76, 93 N. W. 830, respecting the manner in which sec. 2863, Stats. 1898, should be administered. The opportunity at the circuit to become distinguished in respect to such execution is quite inviting and in some instances quite broad. In the case cited it was supposed enough was said to render the statutory duty clear. Attention was specifically called to the language requiring findings of fact and conclusions of law to be made by the judge, covering singly the *128issues of fact…
2Cases cited9 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Osterhoudt v. Board of SupervisorsNew York Court of Appeals · 1885
- Mahr v. Norwich Union Fire Insurance SocietyNew York Court of Appeals · 1891
- Farmer v. St. Croix Power Co.Wisconsin Supreme Court · 1903
- Steinbach v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Northwestern Iron Co. v. Indusrrial CommissionWisconsin Supreme Court · 1913
- Calumet Service Co. v. City of ChiltonWisconsin Supreme Court · 1912
- Rowell v. BarberWisconsin Supreme Court · 1910
- Karp v. Coolview of Wisconsin, Inc.Wisconsin Supreme Court · 1964
- Young v. MinerWisconsin Supreme Court · 1910
10 more not listed; retrieve them via the Exa API.