Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin, Volume 100 |
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Results 1-5 of 100
Page 2
... defendant's demurrer to the plaintiff's complaint in an action for the construction of a will , the objection to the complaint being that it did not state facts sufficient to constitute a cause of action . For the appellant the cause ...
... defendant's demurrer to the plaintiff's complaint in an action for the construction of a will , the objection to the complaint being that it did not state facts sufficient to constitute a cause of action . For the appellant the cause ...
Page 4
... defendant , Hiram Drane , for his own benefit and that of his wife during her lifetime . Has the wife , by her will , changed the rights of the defendant after her death ? The will states that the plaintiff is to re- quire of the defendant ...
... defendant , Hiram Drane , for his own benefit and that of his wife during her lifetime . Has the wife , by her will , changed the rights of the defendant after her death ? The will states that the plaintiff is to re- quire of the defendant ...
Page 5
... defendant Drane . An action at law would be barren of any substantial result until the death of the defendant , when the remedy might be had by the plaintiff against the defendant's heirs , executors , or administrators . The ...
... defendant Drane . An action at law would be barren of any substantial result until the death of the defendant , when the remedy might be had by the plaintiff against the defendant's heirs , executors , or administrators . The ...
Page 7
... defendant . It was a condition . imposed upon the plaintiff in respect to said obligation , or of any notes the defendant , Hiram Drane , had executed to the testatrix in her lifetime , that payment should not be enforced by the ...
... defendant . It was a condition . imposed upon the plaintiff in respect to said obligation , or of any notes the defendant , Hiram Drane , had executed to the testatrix in her lifetime , that payment should not be enforced by the ...
Page 32
... defendant's fence is over on plaintiff's land a little less than twelve feet . The evi- dence of defendant tends to show that Mallsacher and Heav- ner agreed on this fence as the boundary line , and that defendant's grantor was to keep ...
... defendant's fence is over on plaintiff's land a little less than twelve feet . The evi- dence of defendant tends to show that Mallsacher and Heav- ner agreed on this fence as the boundary line , and that defendant's grantor was to keep ...
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Common terms and phrases
Affirmed agreement alleged amount appeal applied Ashland assignment Asso attorney Bank brief canal CASSODAY cause of action channel charter circuit court Circuit Judge claim collaterals complaint construction contract corporation Cotzhausen counsel court of equity creditors damages debt decision defendant defendant's ditch effect entitled equity error evidence ex rel execution fact favor fendant filed Finck flow garnishee grant held Hoffman injury interest issue judgment jurisdiction jury Justice Lake Lake Superior liability mandamus marsh ment Milwaukee county mortgage navigable negligence opinion oral argument paid parties payment person plaint plaintiff plaintiff in error plaintiff's land question railroad reason remedy res adjudicata respondent river rule South Milwaukee statute stream superior court testified testimony therein thereof tion trial court verdict void W. J. Turner watercourse William Spaulding Willow River Wisconsin
Popular passages
Page 100 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Page 621 - The court shall, in every stage of an action, disregard any error or defect in the pleadings, or proceedings, which shall not affect the substantial rights of the parties ; and no judgment shall be reversed or affected by reason of such error or defect.
Page 456 - Root and the other defendants therein appeared and demurred to the complaint on the ground that the same did not state facts sufficient to constitute a cause of action...
Page 618 - ... or which violates the manifest intention of the parties to the agreement, equity will correct the mistake so as to produce a conformity of the instrument to the agreement.
Page 99 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact...
Page 619 - If, on the other hand, after making an agreement, in the process of reducing it to a written form the instrument, by means of a mistake of law, fails to express the contract which the parties actually entered into, equity will interfere with the appropriate relief, either by way of defense to its enforcement, or by cancellation, or by reformation, to the same extent as if the failure of the writing to express the real contract was caused by a mistake of fact.
Page 289 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
Page 99 - It had the influence for two generations of excluding the admiralty jurisdiction from our great rivers and inland seas; and under the like influence it laid the foundation in many States of doctrines, with regard to the ownership of the soil in navigable waters above tide water, at variance with sound principles of public policy.
Page 390 - When the terms of sale are agreed on, and the bargain Is struck and everything the seller has to do with the goods Is complete, the contract of sale becomes absolute as between the parties without actual payment or delivery ; and the property and the risk of accident to the goods vests In the buyer.
Page 491 - This view is sought to be sustained by force of the 10th section of the 1st article of the constitution of the United States, which provides that no State shall pass any law " impairing the obligation of contracts.