Weld v. Johnson Manufacturing Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown- County. The facts are stated in the opinion. The plaintiffs appealed from an order striking out their demurrer to a counterclaim in the answer. , They argued, among other things, that by the transactions alleged in the counterclaim E. S. Johnson abdicated and waived his right to possession of the land in question as surviving partner.
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APPEAL from the Circuit Court for Brown- County. The facts are stated in the opinion. The plaintiffs appealed from an order striking out their demurrer to a counterclaim in the answer. , They argued, among other things, that by the transactions alleged in the counterclaim E. S. Johnson abdicated and waived his right to possession of the land in question as surviving partner. Wellborn v. Coon, 57 Ind. 270, 2Y3-4; 2 Pates, Partn. sec. 717; Griffin v. Spence, 69 Ala. 393; 16 Am. & Eng. Ency. of Law, 1156. The defendant corporation, organized as it was to continue the business with the firm’s…
1Opinion of the Court
The following opinions were filed December 29, 1893:
ORton, J.
This is an action in ejectment, brought by the minor heirs of Julius T. Weld, deceased, by their guardian ad litem, to recover from the defendant corporation the possession of an undivided one-half of certain lands in town 27, range 13 east, and $500 damages and $3,000 special damages for cutting and removing valuable timber from the premises and converting the proceeds thereof to its own use. The answer alleges:
First. That the defendant is the owner and entitled to the possession of the premises.
Second. As a counterclaim, that the…
2Cases cited16 opinions
- Blodgett v. HittWisconsin Supreme Court · 1871
- Bird v. MorrisonWisconsin Supreme Court · 1860
- Clagett v. KilbourneSupreme Court of the United States · 1862
- Jarvis v. PeckWisconsin Supreme Court · 1865
- Martin v. MorrisWisconsin Supreme Court · 1885
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3Cited by4 opinions
- Rowell v. RowellWisconsin Supreme Court · 1904
- Brown v. CohnWisconsin Supreme Court · 1894
- Rowell v. RowellWisconsin Supreme Court · 1904
- Runner v. WoitkeDistrict Court, D. Alaska · 1905