Walker v. Shepardson
Wisconsin Supreme Court
APPEAL IN EQUITY PROM RAOINE CIRCUIT COURT. The bill in this case was originally filed in the Circuit Court of Milwaukee county, the object and prayer of wbicb was to procure a perpetual injunction, restraining the defendant from driving piles and erecting a wharf which, it was alleged would obstruct the navigation of Milwaukee Eiver at that place. Afterwards the venue of-the cause was changed to Racine county, testimony takenj' a hearing had, and a decree passed.
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APPEAL IN EQUITY PROM RAOINE CIRCUIT COURT. The bill in this case was originally filed in the Circuit Court of Milwaukee county, the object and prayer of wbicb was to procure a perpetual injunction, restraining the defendant from driving piles and erecting a wharf which, it was alleged would obstruct the navigation of Milwaukee Eiver at that place. Afterwards the venue of-the cause was changed to Racine county, testimony takenj' a hearing had, and a decree passed. In order to properly appreciate the case, it is necessary to publish the stating part of the bill, the answer and proofs, somewhat…
1Opinion of the Court
By the Court,
Whitok, C. J.
Since this case was before this court on a former occasion (see 2 Wis. Bey. 384) the bill of complaint has been amended, but the amendment does not appear to make a new statement of the allegations contained in the bill, necessary.
The answer of the defendant admits the building of the dock or wharf by the complainant, at the place mentioned in the bill,- and that the complainant caused-the bed or channel of the river in front of the lots to be dredged out, but denies, that by this means the said lots were made accessible to vessels of the largest class navigating the…
2Cases cited2 opinions
- Jones v. PettiboneWisconsin Supreme Court · 1853
- Walker v. ShepardsonWisconsin Supreme Court · 1853
3Cited by14 opinions
- Willow River Club v. WadeWisconsin Supreme Court · 1898
- City of Janesville v. CarpenterWisconsin Supreme Court · 1890
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- Norcross v. GriffithsWisconsin Supreme Court · 1886
- Gill v. LydickNebraska Supreme Court · 1894
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