Zeidler v. Johnson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Action under ch. 56, R. S., entitled “Of mills and mill-dams.” The complaint alleges that the plaintiff is the Owner in fee of certain lands therein described, situated in the county of Jefferson, and that said lands are flowed and injured by means of a certain mill dam across Rock river below said lands, maintained by the defendants without any authority therefor, except what is conferred by an act of the legislature of…
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APPEAL from the Circuit Court for Jefferson County. Action under ch. 56, R. S., entitled “Of mills and mill-dams.” The complaint alleges that the plaintiff is the Owner in fee of certain lands therein described, situated in the county of Jefferson, and that said lands are flowed and injured by means of a certain mill dam across Rock river below said lands, maintained by the defendants without any authority therefor, except what is conferred by an act of the legislature of the territory of Wisconsin, entitled “ An act to authorize the construction of a dam across Rock river,” approved February…
1Opinion of the CourtLyon, J.
I. The principal errors assigned relate to the sufficiency of the answer. The defendants deny therein that the lands of the plaintiff are flowed by means of their mill dam, and then proceed to aver that if thd lands are thus flowed, the statutes of limitation have run against the plaintiff’s right to maintain an action therefor. It is claimed, on behalf of the plaintiff, that this hypothetical mode of pleading is bad, and hence, that the statutes of limitation are not well pleaded. .
In the original act in relation to mills and mill dams, enacted in 1840, repealed by the revision of Í849, and…
2Cases cited2 opinions
- Willard v. GilesWisconsin Supreme Court · 1869
- Kearns v. ThomasWisconsin Supreme Court · 1875
3Cited by1 opinion
- Thorn v. SmithWisconsin Supreme Court · 1888