Lynch v. The Steamer "Economy"
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green Lake County. The defendant demurred to the complaint for lack of jurisdiction in the court, for a defect of parties plaintiff, and for insufficiency of facts; and appealed from an order overruling the demurrer.
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APPEAL from the Circuit Court for Green Lake County. The defendant demurred to the complaint for lack of jurisdiction in the court, for a defect of parties plaintiff, and for insufficiency of facts; and appealed from an order overruling the demurrer. The nature of the complaint will appear from the opinion. contended that sec. 2, ch. 59, Laws of 1861, was in contravention of sec. 2, Art. 10 of the constitution of this state, and void (State v. Casey, 5 Wis. 318); that the state should have been plaintiff (R. S. ch. 155, sec. 2); or that if the complainant was a proper party plaintiff, the…
1Opinion of the CourtCole, J.
This action is brought to recover the penalty given by chap. 59, Laws of 1861, for navigating the Fox river with a steam propeller without the boat being provided with any. sufficient spark-catcher or screen to prevent the escape of sparks or burning cinders from the chimneys. The complaint is demurred to, on three grounds. The second ground is, that there is a defect of parties plaintiff, in that the county of Green Lake and the state should have been joined as parties plaintiff in the action.
The second section of the above law enacts, that if any boat propelled wholly or partly by steam is…
2Cases cited3 opinions
- Slauson v. City of RacineWisconsin Supreme Court · 1861
- Chicago & Alton Railroad v. HowardIllinois Supreme Court · 1865
- Thompson v. HoweNew York Supreme Court · 1866
3Cited by17 opinions
- Milwaukee Industrial School v. Supervisors of Milwaukee CountyWisconsin Supreme Court · 1876
- State ex rel. Cronkhite v. BeldenWisconsin Supreme Court · 1927
- Baker v. StateWisconsin Supreme Court · 1891
- McGillivray v. Joint School District No. 1Wisconsin Supreme Court · 1901
- State Ex Rel. Commissioners of Public Lands v. AndersonWisconsin Supreme Court · 1973
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