Samuels v. Blanchard
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. By sundry conveyances in 1846, Cole, Bailey & Co., proprietors of land on the east side of Rock river, in the city of Watertown, in said county, and of a half interest in a dam abutting on said land, and in the water power thereby created, conveyed portions of their said land, and certain specified amounts of water, to Reed & Green, to one Hamlin, and to one Acker; and each of these deeds contained a clause, declaring that…
Read the full summary
APPEAL from the Circuit Court for Jefferson County. By sundry conveyances in 1846, Cole, Bailey & Co., proprietors of land on the east side of Rock river, in the city of Watertown, in said county, and of a half interest in a dam abutting on said land, and in the water power thereby created, conveyed portions of their said land, and certain specified amounts of water, to Reed & Green, to one Hamlin, and to one Acker; and each of these deeds contained a clause, declaring that said grantors “reserve the exclusive right to themselves-to take and use seven hundred square inches of water, or a…
1Opinion of the CourtPaibte, J.
On the first argument of this case, it was submitted on the part of the respondents’ counsel upon a printed brief, which did not discuss one of the points made by the appellants’ counsel, probably for the reason that it was made for the first time in this court. As the point seemed to us to present some difficulty in maintaining the action, a re-argument was ordered on that alone.
The action was brought for damages for a diversion of water from a mill which the plaintiffs occupied together. The summons was not what is called one for relief, but one for a money demand arising upon contract. The…
2Cited by3 opinions
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Schiffer v. City of Eau ClaireWisconsin Supreme Court · 1881
- Utterback v. MeekerWashington Supreme Court · 1896