56 Wis. 154 | Wis. | 1882
The main reason urged by the learned counsel of the appellants why the demurrer to the complaint should be sustained, is that it is not stated therein that there was a disagreement between the owners of these water powers, or of interests or rights therein, which is necessary to give the court jurisdiction under ch. 203, Laws of 1881. The complaint does state “ that by reason of the very general terms used in conveying the rights and privileges claimed by the parties hereto, the said parties are unable to agree upon and determine their respective interests in said water, and their respective obligations as tenants in common of the said dams, piers, booms, and water.” Being “ unable to agree,” is about as strong a statement of “ disagreement ” as could be made. It implies both a disagreement and inability to agree, and makes a still stronger cause for the interposition of the court to adjust and partition their interests in the
By the Court.— The order of the circuit court is affirmed, and the cause remanded for further proceedings according to law.