Lohmiller v. Indian Ford Water-Power Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hoo7& County. Action for injuries to plaintiff’s lands in Jefferson county, caused by the maintenance of a dam in Rock county, and for an abatement of the dam as a nuisance. The action was commenced in Jefferson county, and removed for trial to Rock county.
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APPEAL from the Circuit Court for Hoo7& County. Action for injuries to plaintiff’s lands in Jefferson county, caused by the maintenance of a dam in Rock county, and for an abatement of the dam as a nuisance. The action was commenced in Jefferson county, and removed for trial to Rock county. Defendant demurred to the complaint on the grounds, 1. That the court had no jurisdiction of the subject of the action. 2. That several causes of action were improperly united. 3. That the complaint did not state facts sufficient to constitute a cause of action. 4. That the action was not commenced within…
1Opinion of the CourtCole, C. J.
The only grounds relied on in this court to sustain the demurrer were the second and third, which were, that several causes of action were improperly united in the complaint, and that the complaint did not state a cause of action. In support of the first of these causes of demurrer, the learned counsel for the defendant insists that there is an improper joinder of causes of action for the reason that the lands injured are in Jefferson county, while the dam which occasions the injury is in Rock county; consequently the causes of action so united require different places of trial. The gravamen…
2Cases cited11 opinions
- Kutz v. McCuneWisconsin Supreme Court · 1868
- Janes v. JenkinsCourt of Appeals of Maryland · 1871
- Remington v. FosterWisconsin Supreme Court · 1877
- Greene v. NunnemacherWisconsin Supreme Court · 1874
- Pomeroy v. Chicago & Milwaukee RailroadWisconsin Supreme Court · 1870
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