Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin, Volume 100 |
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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
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Halaman 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.
Halaman 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.
Halaman 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...
Halaman 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.
Halaman 99 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact...
Halaman 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.
Halaman 289 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
Halaman 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.
Halaman 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.
Halaman 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.