Haas v. Powers
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outaga-mie county: John Goodland, Circuit Judge. In September, 1903, a highway was laid out over the line dividing the farms of plaintiff and defendant and continuing through land belonging to the defendant. A survey made in 1903 showed that the supposed line fence between their farms was in fact located wholly upon plaintiff’s land.
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Appeal from a judgment of the circuit court for Outaga-mie county: John Goodland, Circuit Judge. In September, 1903, a highway was laid out over the line dividing the farms of plaintiff and defendant and continuing through land belonging to the defendant. A survey made in 1903 showed that the supposed line fence between their farms was in fact located wholly upon plaintiff’s land. On Eebruary 12, 1904, the town officers notified defendant to remove his fences from the highway within thirty days. At this time he stated to the person so notifying him that there was no necessity of serving this…
1Opinion of the CourtSiebecker, J.
"Whether tbe court correctly submitted tbe issues to tbe jury must be determined upon tbe state of tbe evidence. No question relating to instructions can be considered since tbe record presents no exception to tbe charge of tbe court.
*410The institution of criminal proceedings by the defendant against the plaintiff and plaintiff’s acquittal of the charge preferred therein is unquestioned. The court submitted to the-jury the question whether defendant instituted the criminal actions maliciously, without probable cause, and upon the-advice of counsel. The jury found that defendant instituted them…
2Cases cited6 opinions
- Cullen v. HanischWisconsin Supreme Court · 1902
- Eggett v. AllenWisconsin Supreme Court · 1903
- Schattgen v. HolnbackIllinois Supreme Court · 1894
- Messman v. IhlenfeldtWisconsin Supreme Court · 1895
- Small v. McGovernWisconsin Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McAllister v. Kimberly-Clark Co.Wisconsin Supreme Court · 1919
- Gladfelter v. DoemelWisconsin Supreme Court · 1958
- Schwartz v. SchwartzWisconsin Supreme Court · 1932
- Peters v. HallWisconsin Supreme Court · 1953