Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1901-04-15
SUPREME COURT BARS CITY OF
ASHLAND.
RWoRKs MIDDLE
NJ
Question of Riparian Rights in Pc
waukee Lake Case-Important De-
cision Regarding Dam in Dodge
County-Other Findings and Pro-
ceedings.
Madison. April 10


The supreme court yesterday denied
the application of the city of Ashland
to bring suit in the circuit court to
annul the charter of the Ashland Wa
terworks company. The city wished
to annul the charter on the ground
that the company is furnishing i'm
pure water. It applied to the attor-
ney general first and he consented to
permit the city to make application
in his name in the supreme court.
In the case Of Pewaukee village
against the Wisconsin Lakes Ice and
Carting company, the ice company
owns strip of land on Pewaukee lake
which it leased to one Leidel. who
sought to erect hotel and a resort
on the property The question of
riparian rights was raised and the vii
lage sought to enjoin the company
from SO leasing the property and for
such purpose. The suit was decided
in favor of the company in Judge
Griswold's court, Waukesha county,
whereupon the town appealed. At
firmed.
Benjamin Heinemann had sought to
regain possession of certain lands in
Iron county on which Mrs Kate Pier
held tax title deeds. Service of sum-
mons and complaint was had on a
married daughter of Mrs. Pier. Objec-
ton as made that no service was had,
because Mrs. Pier was not herself
served with the papers. The trial
10;
and Mrs. Pier appealed. Reversed.
In the case Of B. J. Bourda VS.. A M.
Jones, action was on hotel lease
and property left in the Terrace hotel
at Waukesha. The trial court decid-
ed in favor of Jones, whereupon Bour-
da appealed. Affirmed.
The case of the Electric Appliance
company VS.. United States Fidelity
and Guarantee company ct al. was an
appeal from an order of the circuit
court Of Dodge county, overruling the
demurrer of the defendant. In 1899
the city of Waupun to raise and in
stall an electric light plant in said
city for $10,230.88. They gave a bond
for $4,000 issued by the Fidelity com
pany as security to those who fur
nished them labor or materials. The
Electric Appliance company furnished
materials to the amount of $2,39676.
These were not paid for and suit was
brought. Reversed.
In the case of John F. Koch vs. John
Hustis the defendants were owners.
of a mill dam across Rock river at
Hustisford, Dodge county. In 1854
they sold the adjacent lands and water
rights to Koch and one Frank Koenig
for $11, 800 The defendants made no
repairs to the dam in the many years
subsequent, although requested to do
so, and since 1870 the plaintiff was
forced to keep it in repair, expending
$4,000. Besides this, under the agree
ment had with defendants, a certain
amount of water power was to be sup
piled him, which agreement was only
partly fulfilled to his alleged damage
of $4,000. He sued for $4,000. The
case was given to a referee whose re-
port was objected to and afterward
modified by the trial court, the plain
tiff being given judgment for 1899 and
$143 costs. Defendants appealed.
Other decisions were:
Clark VS.. Houlahan Reversed and
cause remanded with directions to dis
miss the action.
Blair VS.. Milwaukee Light, Heat and
Traction Co. Order affirmed.
MacCarthy VS.. Whitcomb ct al.
Judgment reversed and cause remand
ed for a new trial, but with option to
plaintiff to be exercised within 80 days
after remittitur is filed in trial court
to remit in writing from the verdict
all damages in excess of $4,000 and
file such remission with the clerk of
trial court, in which event judgment is
to be entered thereon for plaintiff for
$4,000 damages and costs and dis
bursments in circuit court.
Viellesse VS.. city Of Green Bay. AT
firmed.
Probert VS.. Sonju. Affirmed.
Gidden VS.. Mayer, Jr., exr etc. At
frmed.
Bu1ow VS.. Hetting Affirmed.
Wagner VS.. Plano Mfg. Co. Affirmed. |
In re will of William Butler. Re-
versed and action remanded to circuit !
court with directions to affirm the
Judgment of the county court of Wau-
kesha county.
Hawkes. vs. Slight Affirmed.
Scott VS.. Christianson. Affirmed.
In re will of Rebecca Morgan. At
firmed.
Fuller-Warren Co. VS.. Harter. Re
verse and cause remanded with di- |
rections to render judgment in defend |
ants favor for costs.
Endress VS.. Shove ct al. Judgment |
appealed from as to Ellen B. E. Shove |
affirmed; as to Theodore G. Shove re-
verse dand cause remanded with di- |
rections to re-enter the judgment SO |
it will not extend the time for Mrs. |
Shove to redeem but will give appel |
liant the relief he is entitled to against !
- 49, IL