Bruheim v. Stratton
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: A. J. Vinje, Circuit Judge. This action was brought to recover for timber cut on land in Minnesota and for treble damages under the Minnesota statute.
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Appeal from a judgment of the circuit court for Douglas county: A. J. Vinje, Circuit Judge. This action was brought to recover for timber cut on land in Minnesota and for treble damages under the Minnesota statute. The court sustained an objection to any evidence under the complaint, and denied a motion to amend the complaint hy increasing the ad damnum clause and pleading the common law of Minnesota as to measure of damages in actions for conversion and to withdraw allegations as to treble damages. The court denied motion to amend for want of power and ordered judgment dismissing the action.…
1DissentBarnes, J.
The main purpose of a complaint in an action is to advise the defendant of the nature of the cause of action against him. In an action for trespass for cutting timber, where the trespasser reduces the logs to possession and converts the same to his own use, it is entirely appropriate to allege in a complaint in an action brought to recover damages for the trespass that the trespasser has so converted the timber, because under the statute (sec. 4269, Stats. 1898) the plaintiff is entitled to recover the highest market value of the timber cut while in the possession of the trespasser. These…
2Cases cited7 opinions
- Meinshausen v. A. Gettelman Brewing Co.Wisconsin Supreme Court · 1907
- Klipstein v. RascheinWisconsin Supreme Court · 1903
- Bieri v. FongerWisconsin Supreme Court · 1909
- Joseph Dessert Lumber Co. v. WadleighWisconsin Supreme Court · 1899
- Miller v. Kenosha Electric Railway Co.Wisconsin Supreme Court · 1908
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