Cornelius v. Kessel
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. Ejectment. The cause was before this court on a former appeal, and is reported in 53 Wis., 395. On the second trial, upon the same pleadings, when the case was called, the defendant demanded a separate trial by the court of her counterclaim, which was granted against the objection of plaintiff that the facts alleged as a counterclaim did not constitute a cause of action.
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APPEAL from the Circuit Court for Sheboygan County. Ejectment. The cause was before this court on a former appeal, and is reported in 53 Wis., 395. On the second trial, upon the same pleadings, when the case was called, the defendant demanded a separate trial by the court of her counterclaim, which was granted against the objection of plaintiff that the facts alleged as a counterclaim did not constitute a cause of action. The defendant, in support of the counterclaim,, introduced in evidence a duly certified copy of the will of her husband, Jacob Kessel, and of the probate thereof. By such…
1Opinion of the CourtCole, C. J.
On the former appeal — 53 Wis., 403 — it was said the answer of the defendant showed strong equities to the land in controversy. The force of that remark was certainly not weakened by anything disclosed in the proofs on the second trial. The facts in the answer were fully established by the evidence, and it would seem almost a reproach upon the administration of justice if such a' meritorious' defense should fail. It is not claimed that the entry of this forty by Davidson, in January, 1856, was in conflict with any Istate land-grant or prior sale. The land was then subject to •entry; it was…
2Cases cited3 opinions
- Richard Nugent, Assignee of Elizabeth Norton, in Bankruptcy, in Error v. George W. Boyd, Isaac T. Preston, and Abner PhelpsSupreme Court of the United States · 1845
- Simmons v. OgleSupreme Court of the United States · 1882
- Cornelius v. KesselWisconsin Supreme Court · 1881
3Cited by15 opinions
- McArthur v. MoffetWisconsin Supreme Court · 1910
- Vantongeren v. HeffernanSupreme Court Of The Territory Of Dakota · 1888
- Ward v. BlackwoodSupreme Court of Arkansas · 1886
- United States v. FreybergU.S. Circuit Court for the District of Eastern Wisconsin · 1886
- Grignon v. BlackWisconsin Supreme Court · 1890
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