Babb v. Mackey
Wisconsin Supreme Court
APPEAL PROM CXRCUIT COURT, SAUK COUNTY. This action was brought by James W. Babb against Joseph Mackey, for damages sustained by the plaintiff,' by reason of building and maintaining a dam across the Baraboo River by the defendant, whereby the lands of the plaintiff were overflowed, and’’greatly injured, and a mill site on the plaintiff’s land was destroyed.
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APPEAL PROM CXRCUIT COURT, SAUK COUNTY. This action was brought by James W. Babb against Joseph Mackey, for damages sustained by the plaintiff,' by reason of building and maintaining a dam across the Baraboo River by the defendant, whereby the lands of the plaintiff were overflowed, and’’greatly injured, and a mill site on the plaintiff’s land was destroyed. To this declaration the defendant pleaded three pleas: 1. General issue. 2. The proceedings in the case of James W. Babb vs, David C. Reed, in equity, concerning the same matter, and the dismissal of the bill after the verdict on the…
1Opinion of the Court
By the Court,
Cole J.
The authorities are not very clear as to what effect should be given to a decree dismissing a bill in chancery, on the plaintiff’s motion, after verdict on a feigned issue in favor of the defendant. The general proposition is laid down in the books that the plaintiff may move to dismiss his own bill with costs, as a matter of course, at any time before the decree. 2 Danl., Ch. Pr., 929; Perine vs. Swain, 2 J. C. R., 475; Cummins vs. Bennett, 8 Paige 79. But what effect will be given to a decree dismissing a bill on plaintiff’s motion, or on application of defendant for…
2Cases cited4 opinions
- Cummins v. BennettNew York Court of Chancery · 1840
- Newcomb v. SmithWisconsin Supreme Court · 1849
- Thien v. VoegtlanderWisconsin Supreme Court · 1854
- State ex rel. Kane v. LarrabeeWisconsin Supreme Court · 1851
3Cited by6 opinions
- State ex rel. Cuppel v. Milwaukee Chamber of CommerceWisconsin Supreme Court · 1879
- Allaby v. Mauston Electric Service Co.Wisconsin Supreme Court · 1908
- Freeman v. CarpenterWisconsin Supreme Court · 1863
- Burrows v. VanderberghNebraska Supreme Court · 1903
- Tucker v. LovejoyWisconsin Supreme Court · 1888
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