Spensley v. Lancashire Insurance
Wisconsin Supreme Court
ERROR to the Circuit Court for Bode County. The following statement, of the case was prepared by Mr. Justice Cassoday: The plaintiff’s intestate was living and had a dwelling-house in Iowa county, May 28, 1878. On that day it was totally destroyed in a tornado.- At the time of the destruction the house and personal property therein were insured against fire or lightning by the defendant. Soon after, this action was commenced upon the policy.
Read the full summary
ERROR to the Circuit Court for Bode County. The following statement, of the case was prepared by Mr. Justice Cassoday: The plaintiff’s intestate was living and had a dwelling-house in Iowa county, May 28, 1878. On that day it was totally destroyed in a tornado.- At the time of the destruction the house and personal property therein were insured against fire or lightning by the defendant. Soon after, this action was commenced upon the policy. On the first trial, which was in Dane county, the plaintiff was nonsuited. The judgment entered thereon was reversed by this court, and the cause was…
1Opinion of the CourtCassoday, J.
The defendant’s motion to remit the record and order the trial judge to incorporate the evidence taken into the bill of exceptions is denied, with $10 costs. As the only errors complained of are found in the charge to the jury, the trial judge very properly declined to incumber the record by making such evidence a part of it. It is diffi.cult to see how the defendant could have been benefited by *452including it, for unless error appears of record the presumptions are always in favor of the judgment. It is quite common to remit the record to enable the trial judge to correct some mistake or…
2Cases cited3 opinions
- Bierbach v. Goodyear Rubber Co.Wisconsin Supreme Court · 1882
- Spensley v. Lancashire InsuranceWisconsin Supreme Court · 1882
- Ely v. TeschWisconsin Supreme Court · 1863
3Cited by6 opinions
- Pedigo v. RoseberrySupreme Court of Missouri · 1937
- Telford v. FrostWisconsin Supreme Court · 1890
- McClellan v. StateWisconsin Supreme Court · 1886
- McCoy v. Milwaukee Steeet Railway Co.Wisconsin Supreme Court · 1892
- Harman v. Appalachian Power Co.West Virginia Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.