Legal Opinion

Plumer v. Wausau Boom Co.

Wisconsin Supreme Court

Decided May 27, 1880PublishedCited by 5 opinions

APPEAL from the Circuit Court for Outagamie County. The defendant appealed from a judgment in favor of the plaintiff. The case is stated in the opinion. The awai'd was void. 1. It should have conformed strictly to the statute under which it was made. Morse on Arb., 268; Darling v. Darling, 16'Wis., 644; Steel v. Steel, 1 Nev., 27. The statute requires notice to the parties in interest. This is jurisdictional, and cannot be waived.

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APPEAL from the Circuit Court for Outagamie County. The defendant appealed from a judgment in favor of the plaintiff. The case is stated in the opinion. The awai'd was void. 1. It should have conformed strictly to the statute under which it was made. Morse on Arb., 268; Darling v. Darling, 16'Wis., 644; Steel v. Steel, 1 Nev., 27. The statute requires notice to the parties in interest. This is jurisdictional, and cannot be waived. There was no notice whatever to Stewart, assignee of Molndoe, and none of the meeting of the appraisers, to any one. On this point see Peters v. ffleio&irh, 6 Cow.,…

1Opinion of the Court

The following opinion was filed March 30, 1880:

Orton, J.

"Walter D. McIndoe, Bradbury G. Plumer and John C. Clark were the joint owners of certain booms and piers in the Wisconsin river, near the city of Wausau, in the following proportions, viz.: Mclndoe owned three-ninths, Plumer four-ninths, and Clark two-ninths. Desiring to operate their works to better advantage, and with enlarged powers, they procured the passage of chapter 45 of the Private and Local Laws of 1871, incorporating the company, of which *454they were to be the principal stockholders. Section 20 of said chapter empowered the…

2Cases cited2 opinions

  1. Whitney v. BrunetteWisconsin Supreme Court · 1862
  2. Adams v. FilerWisconsin Supreme Court · 1859

3Cited by5 opinions

  1. Southern Illinois & Missouri Bridge Co. v. StoneSupreme Court of Missouri · 1903
  2. State v. HawkOregon Supreme Court · 1922
  3. Maryland-National Capital Park & Planning Commission v. Town of Washington GroveCourt of Appeals of Maryland · 2009
  4. Houston v. Paterson & State Line Traction Co.Supreme Court of New Jersey · 1903
  5. Board of Education v. Van DerveenMichigan Supreme Court · 1912

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