Noonan v. Orton
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Tbe plaintiffs, as lessees of' certain land and water power, brought this' action against Orton as owner of said land and power and of tbe dam connected therewith, and against Kinney as lessee of another portion of the power created by said dam, to restrain them from certain acts by which it is alleged that plaintiffs were deprived of the enjoyment of the full amount of water to which they were entitled.
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APPEAL from tbe Circuit Court for Milwaukee County. Tbe plaintiffs, as lessees of' certain land and water power, brought this' action against Orton as owner of said land and power and of tbe dam connected therewith, and against Kinney as lessee of another portion of the power created by said dam, to restrain them from certain acts by which it is alleged that plaintiffs were deprived of the enjoyment of the full amount of water to which they were entitled. On the 18th of September, 1865, the court made an order, pursuant to a written stipulation of the parties,' referring it to James B.…
1Opinion of the CourtCole, J.
The stipulation of the parties provided that it should be referred to James B. Francis, of Lowell, Mass., and Daniel Marsh, of Rochester, N. Y., to ascertain by actual guage and measurement, and to report to the court with all convenient speed, upon the points therein specified. It was “ further stipulated by and between the parties to said action, that the facts, estimates and' measurements reported *90by said referees, under and by virtue of tbe foregoing orders, shall, when so reported, be the finding of the court upon the same; and be signed by the judge and filed with the papers in the…
2Cases cited1 opinion
- McFarlane v. CushmanWisconsin Supreme Court · 1867
3Cited by1 opinion
- State ex rel. Orton v. McArthurWisconsin Supreme Court · 1868