Kimberly & Clark Co. v. Hewitt
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. ■ The case is stated in the opinion. The defendants appeal from an order overruling a general demurrer to the complaint. to the point that equity will not interfere unless the threatened injury is imminent and irreparable, cited Kerr, In june.
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APPEAL from the Circuit Court for Outagamie County. ■ The case is stated in the opinion. The defendants appeal from an order overruling a general demurrer to the complaint. to the point that equity will not interfere unless the threatened injury is imminent and irreparable, cited Kerr, In june. (Herrick’s notes, 1871), 339, 340; Bispham’s Equity, 492; Judd, v. Fox Lake, 28 Wis. 583; Pedridk v. Bipon, 73 id. 625; Sanders v. Yonkers, 63 N. Y. 492; Pettit v. Shepherd, 5 Paige, 493; 3 Pom. Eq. Jur. sec. 1350. They contended, inter alia, that a threat to divert a watercourse, with the power and…
1Opinion of the CourtCole, C. J.
The complaint alleges that the plaintiff is the owner of the Cedars water power on the Fox river, and owns a dam and the land on which it rests, together with both dam landings, including also lands extending some 100 feet or more above and below the dam; that it entered into the possession of said land, and of said dam, and of said water power, November, 1888, its possession of said water power being had by and through the fact that all of the water of said river, except that required for the purpose of navigation, runs and falls over the dam aforesaid on its land. It then states that the…
2Cases cited3 opinions
- Webb v. Portland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1838
- Wilson v. City of Mineral PointWisconsin Supreme Court · 1875
- Lyon v. McLaughlinSupreme Court of Vermont · 1859
3Cited by9 opinions
- County of Columbia v. BylewskiWisconsin Supreme Court · 1980
- Miller & Lux Inc. v. Enter. Canal & Land Co.California Supreme Court · 1915
- Pure Milk Products Cooperative v. National Farmers OrganizationWisconsin Supreme Court · 1979
- Maitland v. Twin City Aviation Corp.Wisconsin Supreme Court · 1949
- Case v. HoffmanWisconsin Supreme Court · 1893
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