Fraedrich v. Flieth
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. This is an appeal by the plaintiff from an order setting aside a verdict in his favor, and granting a new trial, and also denying his motion for leave to amend the complaint. The gravmien of the action is an alleged private nuisance created and maintained by the defendant to the injury of the plaintiff.
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APPEAL from the Circuit Court for Washington County. This is an appeal by the plaintiff from an order setting aside a verdict in his favor, and granting a new trial, and also denying his motion for leave to amend the complaint. The gravmien of the action is an alleged private nuisance created and maintained by the defendant to the injury of the plaintiff. The complaint alleges that the plaintiff is, and has been for many years, the owner and occupant of a certain eighty-acre lot of land; that the defendant is, and for several years has been, the occupant claiming to be the owner of an…
1Opinion of the CourtLyon, J.
1. The first question is whether the action is at law or in equity. We had the same question in Denner v. C., M. & St. P. R. Co. 57 Wis. 218. The complaint in that case contained a demand for relief which it was not competent for a court of law to grant, and for that reason 'alone it was held that the action was in equity. Because the complaint did not state a cause of action in equity, a general demurrer thereto was sustained. This action was commenced after ch. 190, Laws of 1882, was enacted, and is subject to that statute.
This is a stronger case for holding the action an equitable one than…
2Cases cited3 opinions
- Carmichael v. ArgardWisconsin Supreme Court · 1881
- Denner v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1883
- Kavanagh v. O'NeillWisconsin Supreme Court · 1881
3Cited by11 opinions
- Wilmarth v. WoodcockMichigan Supreme Court · 1885
- Carthew v. City of PlattevilleWisconsin Supreme Court · 1914
- Cedar Lake Hotel Co. v. Cedar Creek Hydraulic Co.Wisconsin Supreme Court · 1891
- Hartung v. County of MilwaukeeWisconsin Supreme Court · 1957
- Moritz v. LarsenWisconsin Supreme Court · 1888
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