Kimberly & Clark Co. v. Hewitt
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. This case was here on a former appeal from an order overruling a general demurrer to the complaint, and the order was affirmed. 75 Wis. 371. It is sufficient to refer to the report of the case on that appeal for a statement of the nature and objects of the action as disclosed in the complaint.
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APPEAL from the Circuit Court for Outagamie County. This case was here on a former appeal from an order overruling a general demurrer to the complaint, and the order was affirmed. 75 Wis. 371. It is sufficient to refer to the report of the case on that appeal for a statement of the nature and objects of the action as disclosed in the complaint. It need only be stated here that the controversy relates to the right claimed by defendants to divert one half the water running in Fox river into a channel to be excavated on their own land abutting the river, above land of the plaintiff, also…
1Opinion of the CourtLyon, J.
Under the judgment of this court on the former appeal it is res adjudicata in this case that, if the defendants have not the lawful right to divert the waters of Fox river (or, rather, one half thereof) from the natural channel of the river to their own land, and to discharge the *337same into the river below tbe plaintiff’s land, and if they threaten to do so, the plaintiff is entitled to the injunction which it has obtained. It is proved that they threaten such diversion of the water. For either of two reasons which will now be stated we think the defendants have no such right, and hence the…
2Cases cited1 opinion
- Lawson v. MowryWisconsin Supreme Court · 1881
3Cited by5 opinions
- Priewe v. Wisconsin State Land & Improvement Co.Wisconsin Supreme Court · 1896
- Smith v. YoumansWisconsin Supreme Court · 1897
- Sanborn v. People's Ice Co.Supreme Court of Minnesota · 1900
- Janes v. City of RacineWisconsin Supreme Court · 1913
- Green Bay & Mississippi Canal Co. v. Kaukauna Water Power Co.Wisconsin Supreme Court · 1895