Remington v. Foster
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dwnn County. Plaintiffs appealed from a judgment in favor of the defendant. The character of the action will sufficiently appear from the opinion.
1Opinion of the CourtRyan, C. J.
This is a suit in equity to restrain the defendant from maintaining an existing dam, alleged to be a nuisance. The complaint prays perpetual and interlocutory injunction to that end, and the damages sustained.
The record discloses that the order made by a court commissioner, by way of interlocutory injunction, literally followed the prayer of the complaint, and in effect ordered the *609respondent to abate Ms dam pendente Ute. The oppression of such an order is illustrated by the final judgment of the court below for the respondent, after he had submissively removed his dam in obedience to the…
2Cases cited6 opinions
- Wisconsin River Improvement Co. v. LyonsWisconsin Supreme Court · 1872
- Tenney v. State Bank of WisconsinWisconsin Supreme Court · 1865
- Deery v. McClintockWisconsin Supreme Court · 1872
- Town of Sheboygan v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1867
- Cobb v. SmithWisconsin Supreme Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Cawker v. DreutzerWisconsin Supreme Court · 1928
- State ex rel. Vance v. CrawfordSupreme Court of Kansas · 1882
- Cohn v. Wausau Boom Co.Wisconsin Supreme Court · 1879
- Bushnell v. Robeson & Co.Supreme Court of Iowa · 1883
- Stadler v. GriebenWisconsin Supreme Court · 1884
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