Bieri v. Fonger
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Charles Smith, Judge. Action to recover on facts stated, as follows: First. Plaintiff bas been, for nine years, a married woman, living witb her husband. / Second.
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Appeal from a judgment of the superior court of Douglas county: Charles Smith, Judge. Action to recover on facts stated, as follows: First. Plaintiff bas been, for nine years, a married woman, living witb her husband. / Second. August 2, 1906, defendant “unlawfully and wrongfully went upon the premises occupied by plaintiff, and then, and there, unlawfully and wrongfully, solicited criminal conversation with plaintiff, and then and there, unlawfully and wrongfully, assaulted and beat her, whereby the plaintiff was put in great fear and caused to suffer great pain, suffering, and torture of…
1Opinion of the CourtMarshall, J.
The claim of appellant that the cause of action set forth in the complaint was for trespass to real estate; that the allegations to the effect that appellant was guilty of physically violating the person of respondent, laying himself liable to a civil action for assault and battery, were stated as aggravating characteristics of such trespass, *153and that there was no proof of the latter trespass, hence was a failure of proof entitling appellant to a dismissal of the ■case, — cannot be approved for the following two reasons:
Conceding for the moment that the pleader purposed declaring in trespass…
2Cases cited10 opinions
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Emerson v. NashWisconsin Supreme Court · 1905
- Morse v. GilmanWisconsin Supreme Court · 1863
- Franey v. WarnerWisconsin Supreme Court · 1897
- McKinney v. JonesWisconsin Supreme Court · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Duffy v. ScottWisconsin Supreme Court · 1940
- Frechette v. RavnWisconsin Supreme Court · 1911
- Basham v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1915
- Hall v. BellWisconsin Supreme Court · 1910
- Loehr v. DicksonWisconsin Supreme Court · 1910
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