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PETERSON v. WISCONSIN RIVER POWER CO.

264 Wis. 84 (1953)

PETERSON and wife, Respondents, vs. WISCONSIN RIVER POWER COMPANY, Appellant.

Supreme Court of Wisconsin.

May 5, 1953.

Attorney(s) appearing for the Case

For the appellant there was a brief by Brazeau & Brazeau, attorneys, and Richard S. Brazeau of counsel, all of Wisconsin Rapids, and oral argument by Theo. W. Brazeau.

For the respondents there was a brief and oral argument by C. E. Macomber of New Lisbon.

MARTIN, J.

It clearly appears from the pleadings that the only question presented in this action is whether the damages to plaintiffs' lands are of a temporary or a permanent nature. This issue is set forth by the complaint and the answer. Since the counterclaim asks the court to grant relief which it is not authorized to grant in this action, it must be set aside, and the reply is therefore of no effect. See cases cited at 14 Callaghan's Wis. Dig., Pleadings, p....

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