Stevens Point Boom Co. v. Reilly
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. Action to restrain defendants from, erecting or maintaining a boom in and across the Wisconsin river between sec. 32, T. 24 N., R. 8 E., and the north line of T. 24, R. 7 E., in Portage county.
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APPEAL from the Circuit Court for Columbia County. Action to restrain defendants from, erecting or maintaining a boom in and across the Wisconsin river between sec. 32, T. 24 N., R. 8 E., and the north line of T. 24, R. 7 E., in Portage county. The complaint alleges, among other things, that the plaintiff corporation was organized under ch. 73, R. S. 1858; that afterwards, by ch. 126 of. 1873, entitled “ An act to authorize the /Stevens Point Boom Company to maintain piers and booms in the Wisconsin river,” plaintiff was authorized to construct and maintain a system of piers and booms along…
1Opinion of the CourtRyaN, C. J.
It is stated in the complaint that the respondent was organized under ch. 73, R. S. This was clearly a mistake; for the articles of association, produced during the argument, are dated 30th December, 1872, and were filed in the secretary’s office 8th January, 1873. The organization must therefore have been under ch. 144 of 1872, which expressly repeals ch. 73, R. S. And it was accordingly so stipulated by counsel on the argument.
*301The court aciberes to the construction given to the constitutional amendment of 1871 in Attorney General v. Railroad Companies, 35 Wis., 425, and in Kimball v.…
2Cases cited4 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Diedrich v. Northwestern Union Railway Co.Wisconsin Supreme Court · 1877
- Whisler v. WilkinsonWisconsin Supreme Court · 1868
- Sellers v. Union Lumbering Co.Wisconsin Supreme Court · 1876
3Cited by22 opinions
- State ex rel. Hudd v. TimmeWisconsin Supreme Court · 1882
- Case v. HoffmanWisconsin Supreme Court · 1898
- Pacific Elevator Co. v. PortlandOregon Supreme Court · 1913
- McLennan v. PrenticeWisconsin Supreme Court · 1893
- J. S. Keator Lumber Co. v. St. Croix Boom Corp.Wisconsin Supreme Court · 1888
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