Apfelbacher v. State
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wauke-sha county: MabtxN L. Luecic, Circuit Judge. The appeal is from a judgment granting plaintiff certain equitable relief. The appeal in this case (no bill of exceptions being before us in the record) presents only the pleadings, findings, and judgment for review.
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Appeal from a judgment of the circuit court for Wauke-sha county: MabtxN L. Luecic, Circuit Judge. The appeal is from a judgment granting plaintiff certain equitable relief. The appeal in this case (no bill of exceptions being before us in the record) presents only the pleadings, findings, and judgment for review. Erom these findings it appears: That the defendant Humphrey and his predecessors have for many years operated a grist-mill at the outlet of Lake Nagawicka in Waukesha county. Lake Nagawicka has an area of 1.41 square miles and its waters are held and maintained, to a certain extent,…
1Opinion of the CourtEschweileb, J.
By ch. 624 of the Laws of 1913 the legislature expressly gave plaintiff authority to bring suit for the purpose of settling and determining all controversies be*238tween him and tbe State of Wisconsin with reference to tbis mill property on tbe Bark river and relative to tbe use of tbe waters of Bark river and Lake Nagawicka. Tbe only effect of tbis legislation was to waive tbe immunity, wbicb tbe State as sovereign lias, from being sued by one of its subjects, and it neither created nor admitted any liability on tbe part of tbe State. Apfelbacher v. State, 160 Wis. 565, 152 N. W. 144.
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2Cases cited5 opinions
- Apfelbacher v. StateWisconsin Supreme Court · 1915
- Timm v. BearWisconsin Supreme Court · 1871
- Town of Lawrence v. American Writing Paper Co.Wisconsin Supreme Court · 1911
- Mabie v. MattesonWisconsin Supreme Court · 1863
- Coldwell v. SandersonWisconsin Supreme Court · 1887
3Cited by13 opinions
- United States v. Willow River Power Co.Supreme Court of the United States · 1945
- State ex rel. Rodd v. VerageWisconsin Supreme Court · 1922
- Hilton Ex Rel. Pages Homeowners' Ass'n v. Department of Natural ResourcesWisconsin Supreme Court · 2006
- Nekoosa-Edwards Paper Co. v. Public Service CommissionWisconsin Supreme Court · 1959
- Sterlingworth Condominium Ass'n v. State, Department of Natural ResourcesCourt of Appeals of Wisconsin · 1996
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