Newell v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bode County. The complaint in this case, after reciting the material provisions of the acts of February 21, 1848, and February 9, 1850, (which are stated in the opinion of the court), alleged that in the summer of 1857, the defendants erected and completed a stone dam across Koch river at the place mentioned in said acts, which caused three pieces of land described in the complaint, to be overflowed and rendered worthless; that at the time…
Read the full summary
APPEAL from the Circuit Court for Bode County. The complaint in this case, after reciting the material provisions of the acts of February 21, 1848, and February 9, 1850, (which are stated in the opinion of the court), alleged that in the summer of 1857, the defendants erected and completed a stone dam across Koch river at the place mentioned in said acts, which caused three pieces of land described in the complaint, to be overflowed and rendered worthless; that at the time said dam was erected, the plaintiff was the owner of a mortgage covering two of said pieces, and subsequently became the…
1Opinion of the Court
By the Gourt,
Cole, J.
When this cause was reached in the consultation room, it was examined and decided upon the oral argument of the counsel for the appellant and the printed argument on file. We then understood that it was conceded on both sides that the action was brought and must be sustained under the provisions of the act of the territorial legislature referred to in the complaint, with the amendment thereto found in chapter 214, p. 170, Laws of 1850. The complaint evidently grounds the action upon that law. But in considering the case, we found an insurmountable difficulty in sustaining…
2Cases cited1 opinion
- Faville v. GreeneWisconsin Supreme Court · 1860
3Cited by17 opinions
- Attorney General v. City of Eau ClaireWisconsin Supreme Court · 1875
- Bankhead v. BrownSupreme Court of Iowa · 1868
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- State Ex Rel. Dressler v. Circuit Court for Racine CountyCourt of Appeals of Wisconsin · 1991
- Hanson v. VernonSupreme Court of Iowa · 1869
12 more not listed; retrieve them via the Exa API.