Russell v. Fish
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Ashland county: E. C. Higbee, Judge. In 1898 one Byron A. Simmons of Hartford, Connecticut, was tbe owner of 1,180 acres of hemlock timber land on Madeline Island, Ashland county. At this time the plaintiff was engaged in lumbering on Madeline Island. He knew the character of the land owned by Simmons, had examined the timber and cruised it, and had had some negotiations with Simmons regarding the purchase of these lands.
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Appeal from a judgment of tbe circuit court for Ashland county: E. C. Higbee, Judge. In 1898 one Byron A. Simmons of Hartford, Connecticut, was tbe owner of 1,180 acres of hemlock timber land on Madeline Island, Ashland county. At this time the plaintiff was engaged in lumbering on Madeline Island. He knew the character of the land owned by Simmons, had examined the timber and cruised it, and had had some negotiations with Simmons regarding the purchase of these lands. He did not have the money with which to make the purchase, and in the fall of 1898, with the idea of getting assistance to…
1Opinion of the Court
SiebegKER, T.
The appellant contends that the trial court erred in dismissing plaintiff’s complaint upon the ground that the plaintiff was guilty of laches in enforcing his alleged right and hence in equity was barred a recovery. No arbitrary rule exists by which stale demands may be ascertained and characterized so as to defeat an alleged claim or right; each case must rest largely upon its own facts and circumstances. Delay in asserting a right is by common consent a circumstance tending to show its want of justness, and when unreasonably extended, though unattended by other inequitable…
2Cases cited3 opinions
- Combs v. ScottWisconsin Supreme Court · 1890
- Rogers v. Van NortwickWisconsin Supreme Court · 1894
- Likens v. LikensWisconsin Supreme Court · 1908
3Cited by6 opinions
- Lewis v. BowmanMontana Supreme Court · 1942
- Sipple v. ZimmermanWisconsin Supreme Court · 1968
- Bur v. BongWisconsin Supreme Court · 1915
- Driscoll v. TillmanWisconsin Supreme Court · 1917
- Fontaine v. RileyWisconsin Supreme Court · 1926
1 more not listed; retrieve them via the Exa API.