Legal Opinion

Gall v. Gall

Wisconsin Supreme Court

Decided January 12, 1904PublishedCited by 1 opinion

Appeal from a judgment of tlie circuit court for Sáuk county: R. G. Siebecker, Circuit Judge. This action was commenced before a justice of the peace December 3, 1901, by Bosina Gall against her son, Charles, to recover $52.5'0 in money and the value of certain articles which by the terms of a written agreement, executed by them November 28, 1893, he agreed to pay and deliver to her annually, but which he had failed and neglected to do, to the amount of $142.50, and that…

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Appeal from a judgment of tlie circuit court for Sáuk county: R. G. Siebecker, Circuit Judge. This action was commenced before a justice of the peace December 3, 1901, by Bosina Gall against her son, Charles, to recover $52.5'0 in money and the value of certain articles which by the terms of a written agreement, executed by them November 28, 1893, he agreed to pay and deliver to her annually, but which he had failed and neglected to do, to the amount of $142.50, and that that sum included $30 for a cow belonging to the plaintiff, and was sold by the defendant for $30 and the proceeds thereof…

1Opinion of the Court

Gassoday, O. J.

Before the case was submitted to the jury, the trial court held, as a matter of law, that for want of sufficient demand the plaintiff could recover nothing on any of her several claims for pork, beef, or wood, amounting in the aggregate to $60. The jury found that the defendant did not sell the plaintiff’s cow and keep the proceeds of $30, as claimed by the plaintiff. Since the plaintiff has not appealed from the judgment, such finding of the jury and such ruling of the court eliminate from the case all of the plaintiff’s claims, except as to her claim for money due under the…

2Cases cited1 opinion

  1. Dorer v. HoodWisconsin Supreme Court · 1902

3Cited by1 opinion

  1. Gall v. GallWisconsin Supreme Court · 1905

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