Hooker v. Greene
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for RogIc County. Action to recover damages for the flowing of plaintiff’s land from defendants’ mill dam, and to fix the height of the dam. The complaint is in the usual form in actions under the mill-dam law, and contains the averment that the stream on which the dam is situate is not navigable.
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APPEAL from tlie Circuit Court for RogIc County. Action to recover damages for the flowing of plaintiff’s land from defendants’ mill dam, and to fix the height of the dam. The complaint is in the usual form in actions under the mill-dam law, and contains the averment that the stream on which the dam is situate is not navigable. The answer contains, 1. A general denial. 2. A second defense, consisting of an allegation that the stream in question is nayigable, and a claim that the action is therefore improperly brought and should abate. 3. A separate defense alleging that the dam was built in…
1Opinion of the CourtRtau, C. J.
It is, perhaps, among the incongruities of the common law, that there are matters pleadable either in abatement or in bar. 1 Chitty, 466. Among these, probably, is the defense that the action is misconceived; though this is not usually so pleaded, as the defense is available under plea in bar. 1 Chitty, 453; Grould, 268. Such is the nature of the plea involved in this appeal. In order to bring the dam, which is the subject of- the action, within the mill-dam act, the complaint avers that the stream on which it is built is not navigable. The second defense sets up that it is navigable; that…
2Cases cited9 opinions
- Attorney General v. City of Eau ClaireWisconsin Supreme Court · 1875
- Dutcher v. DutcherWisconsin Supreme Court · 1876
- Bruce v. . BurrNew York Court of Appeals · 1876
- Wisconsin River Improvement Co. v. MansonWisconsin Supreme Court · 1877
- Crosby v. SmithWisconsin Supreme Court · 1865
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Crowns v. Forest Land Co.Wisconsin Supreme Court · 1898
- State ex rel. Green Bay & Minnesota Railroad v. JenningsWisconsin Supreme Court · 1882
- Raymond v. City of SheboyganWisconsin Supreme Court · 1887
- Jones v. FosterWisconsin Supreme Court · 1886
- Rohloff v. Aid Ass'n for LutheransWisconsin Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.