Dick v. Webster
Wisconsin Supreme Court
ERROR TO THE FOND DH EAC CIRCUIT COURT. This was an action on the case for flowage of lauds. The declaration was filed on the 15th dav of December, 1854, in the circuit court of Calumet county, alleging the possession of the premises, the building of a dam on the stream which ran through the land, by the defendants, at a point below tlie land, whereby the land of the plaintiffs was flowed, to their damage, &c.
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ERROR TO THE FOND DH EAC CIRCUIT COURT. This was an action on the case for flowage of lauds. The declaration was filed on the 15th dav of December, 1854, in the circuit court of Calumet county, alleging the possession of the premises, the building of a dam on the stream which ran through the land, by the defendants, at a point below tlie land, whereby the land of the plaintiffs was flowed, to their damage, &c. The defendant pleaded the general issue, and gave notice of a form ersnit, in bar, brought in the circuit court of Calumet county, by the plaintiff against the defendant, for tlie same…
1Opinion of the Court
By the Court,
WhitoN, C. J.
The bill of exceptions informs us that at, ihe trial of the canso in the circuit court, after the plaintiff below had closed his testimony, the defendants “ did “ offer and read in evidence to the jury, the record of a “former suit commenced on the 25th day of September, 1854, “ and tried in November, 1854, by the plaintiff against the “ defendants, for the same cause of action, with the verdict of “ the jury and the judgment of the court thereupon in favor “of the defendants, and the defendants did thereupon rest “ their case.”
The bill of exceptions further states…
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