Cobb v. Smith
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Rode County. Tbe plaintiffs, in each of these cases, appealed from an order of tbe circuit court modifying a judgment in their favor which had been entered by the clerk. The case will appear from the opinion. . , .. I 1. Tbe judgments were properly entered. (1.) It was the clerk’s duty to enter such a judgment in each case as tbe plaintiffs were entitled to under tbe pleadings and verdict.
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APPEAL from tbe Circuit Court for Rode County. Tbe plaintiffs, in each of these cases, appealed from an order of tbe circuit court modifying a judgment in their favor which had been entered by the clerk. The case will appear from the opinion. . , .. I 1. Tbe judgments were properly entered. (1.) It was the clerk’s duty to enter such a judgment in each case as tbe plaintiffs were entitled to under tbe pleadings and verdict. R. S. cbap. 132, §§ 16, 35. By § 1, cbap. 144, R. S., tbe right to recover damages for a nuisance is recognized as existing, and tbe remedy is extended so as to give tbe…
1Opinion of the CourtPaine, J.
These three appeals present tbe same question, and will be disposed of together. The actions were brought for a flowing of the lands of tbe plaintiffs by means of a dam *263erected and maintained by the defendants. Tbe litigation bas already been twice before this court. In Newell v. Smith, 15 Wis. 101, it was decided that the act purporting to allow the defendants to flow the lands of others, was unconstitutional, because it did not make any adequate provision for compensation. In Cobb v. Smith, 16 Wis. 661, it was decided that the plaintiffs were not entitled to maintain an equitable suit to…
2Cases cited5 opinions
- Sheldon v. RockwellWisconsin Supreme Court · 1859
- Gillett v. TreganzaWisconsin Supreme Court · 1861
- Newell v. SmithWisconsin Supreme Court · 1862
- Cobb v. SmithWisconsin Supreme Court · 1863
- Cromwell v. LoweIndiana Supreme Court · 1860
3Cited by7 opinions
- Remington v. FosterWisconsin Supreme Court · 1877
- Cobb v. SmithWisconsin Supreme Court · 1875
- Lohmiller v. Indian Ford Water-Power Co.Wisconsin Supreme Court · 1881
- McDougald v. New Richmond Roller Mills Co.Wisconsin Supreme Court · 1905
- Schuster v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1910
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