Darge v. Horicon Iron Manufacturing Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dodge County. In pursuance of tbe provisions of sec. 7, chap. 133, Private and Local Laws of 1854 (tbe charter of tbe defendant company), arbitrators were appointed to determine a controversy between tbe parties to tbis suit, in relation to the flowage of plaintiff’s lands.
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APPEAL from tbe Circuit Court for Dodge County. In pursuance of tbe provisions of sec. 7, chap. 133, Private and Local Laws of 1854 (tbe charter of tbe defendant company), arbitrators were appointed to determine a controversy between tbe parties to tbis suit, in relation to the flowage of plaintiff’s lands. Their award having been filed in said circuit court, defendant moved to set it aside, and plaintiff moved for judgment tbereon. ■ Both motions were denied; and both parties appealed. The present case is that of plaintiff’s appeal.
1Opinion of the Court
The following opinion was filed at the June term, 1866:.Cole, . J.
The motion to set aside the award in this case was met by a counter motion on the part of the plaintiff for judgment on the award for the amount assessed by the arbitrators, he consenting that judgment should be rendered against him for the costs. Our first impressions were that this motion for judgment was properly denied, and that, as the company had appealed from- the award, it was entitled to a new trial in the circuit court upon the question of damages. A more careful examination of the charter, however, has led us to the…
2Cited by1 opinion
- State ex rel. Luderman v. FindleyWisconsin Supreme Court · 1886