Greene v. Nunnemacher
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The complaint alleges, 1. That the plaintiff is the owner in fee simple, and in possession, of certain premises in the county of Milwaukee, described as bounded upon one side by a line “ running along the bank ” of the Kinnickinnic River; that said plaintiff is and has been for several years in the actual possession and occupancy of said premises, using the same as a homestead for agricultural and pasturing purposes, and…
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APPEAL from the Circuit Court for Milwaukee County. The complaint alleges, 1. That the plaintiff is the owner in fee simple, and in possession, of certain premises in the county of Milwaukee, described as bounded upon one side by a line “ running along the bank ” of the Kinnickinnic River; that said plaintiff is and has been for several years in the actual possession and occupancy of said premises, using the same as a homestead for agricultural and pasturing purposes, and keeping m connection therewith, on the same, a public inn or saloon, upon the proceeds of which, together with the…
1Opinion of the CourtCole, J.
This action is brought to recover damages for erecting and maintaining a nuisance, and for an abatement of the nuisance itself.
Among other objections which are taken to the complaint, on demurrer, it is claimed and insisted that it does not appear with sufficient certainty that the plaintiff was the owner of the premises affected by the nuisance at the time the acts complained of were committed. This objection is not well taken. It is distinctly averred that the plaintiff was the owner in fee and in possession of the premises described, and had for several years past been in the actual…
2Cases cited2 opinions
- Hess v. Buffalo & Niagara Falls Rail RoadNew York Supreme Court · 1859
- Carpenter v. MannWisconsin Supreme Court · 1863
3Cited by18 opinions
- Upjohn v. Board of HealthMichigan Supreme Court · 1881
- Georgia Home Insurance v. Goode & Co.Supreme Court of Virginia · 1898
- Lohmiller v. Indian Ford Water-Power Co.Wisconsin Supreme Court · 1881
- Kamke v. ClarkWisconsin Supreme Court · 1955
- Allen v. WeberWisconsin Supreme Court · 1891
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