Clark v. Plummer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green Lake County. ■ This action was commenced in Marathon county, and the venue changed to the county of Green Lake.
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APPEAL from the Circuit Court for Green Lake County. ■ This action was commenced in Marathon county, and the venue changed to the county of Green Lake. The complaint avers that the plaintiffs, Olarh and Mclndoe, and the defendant, are the “ joint owners ” of a valuable water power, situated in •and upon the Wisconsin river at Wausau, in Marathon county, together with the dams, piers and booms appurtenant and necessary to the use and enjoyment of the same, and were the owners and in possession of the same during the year 1867; that said parties were, during said year, and still are, the owners…
1Opinion of the CourtCole, J.
It is objected on the part of the defendant, that there was no evidence in the case which showed title in him, either equitable or legal, to the dams, piers and booms which were repaired, and consequently that there was no ground upon which his liability to make contribution could be predicated. The dam, booms and piers were kept up and maintained under *448a charter granted by the legislature, which authorized Shuter, Barnes, Mclndoe, their associates, heirs and assigns, to maintain them. Chap. 82, P. & L. Laws of 1854. The mill formerly owned by Barnes, with another mill on the same water…
2Cited by4 opinions
- State v. St. Croix Boom Corp.Wisconsin Supreme Court · 1884
- Stewart v. StewartWisconsin Supreme Court · 1895
- Crawford v. WitherbeeWisconsin Supreme Court · 1890
- Wausau Boom Co. v. PlumerWisconsin Supreme Court · 1874