Murray v. Scribner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oreen Lake County. The following statement of the case was prepared by Mr. Justice Oassoday: The defendant erected and maintains a mill-dam upon and across the west branch of the Fond du Lac river, thereby creating a water-power to run his flouring-mill. The plaintiff owns a farm upon the river a few miles above. July 3, 1882, this action was commenced under the mill-dam law for damages to the farm caused from flowage by reason of the dam.
Read the full summary
APPEAL from the Circuit Court for Oreen Lake County. The following statement of the case was prepared by Mr. Justice Oassoday: The defendant erected and maintains a mill-dam upon and across the west branch of the Fond du Lac river, thereby creating a water-power to run his flouring-mill. The plaintiff owns a farm upon the river a few miles above. July 3, 1882, this action was commenced under the mill-dam law for damages to the farm caused from flowage by reason of the dam. The defendant answered, and, in effect, denied such flowage or damage and alleged that the dam and the waters of said…
1Opinion of the CourtCassoday, J.
A mere interlocutory order for judgment is not app'ealable. Webster-Clover L. & M. Co. v. St. Croix Co. 63 Wis. 647; Hoey v. Pierron, 67 Wis. 267; Bourgeois v. Schrage, 69 Wis. 316; Goldmark v. Rosenfeld, 69 Wis. 469; and the cases referred to in the opinions cited. On the contra^, an appeal to this court by a party aggrieved, from an order, can only be from such an order as is defined in sec. 3069, R. S., as being appealable. Sec. 3048, R. S.; 63 Wis. 650. Among the orders thus made appealable is “an order *232affecting a substantial right, made in any action, when such order, in effect,…
2Cases cited7 opinions
- Sabine v. JohnsonWisconsin Supreme Court · 1874
- Webster-Glover Lumber & Manufacturing Co. v. St. Croix CountyWisconsin Supreme Court · 1885
- Smith v. RussWisconsin Supreme Court · 1863
- Johnson v. BoormanWisconsin Supreme Court · 1885
- Scheuber v. HeldWisconsin Supreme Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Treat v. HilesWisconsin Supreme Court · 1889
- Neyens v. FlesherIndiana Court of Appeals · 1907
- Persons v. SimonsNorth Dakota Supreme Court · 1890
- Puhr v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1918
- City of La Crosse v. CameronCourt of Appeals for the Seventh Circuit · 1897
1 more not listed; retrieve them via the Exa API.