Kollock v. City of Stevens Point
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. Action brought by Jane Kolloch to recover of the city of Stevens Point the value of services claimed by her to have been rendered in taking care of a person infected. with small pox, and for the damage sustained by her in the loss of the use of her room occupied by tbe patient, and other parts of her hotel from which guests were excluded, or which they refused to occupy ; and, also, for the destruction of property burned as…
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APPEAL from the Circuit Court for Portage County. Action brought by Jane Kolloch to recover of the city of Stevens Point the value of services claimed by her to have been rendered in taking care of a person infected. with small pox, and for the damage sustained by her in the loss of the use of her room occupied by tbe patient, and other parts of her hotel from which guests were excluded, or which they refused to occupy ; and, also, for the destruction of property burned as infected. The summons was for money demand. The complaint alleges that the board of health and the common council of the…
1Opinion of the Court
Ryaít, C. J.
This appeal was argued for the appellant, upon the assumption that all the evidence on the trial below is before us, as it seems quite probable it is. But the bill of exceptions does not so certify. In the absence of such certificate, we are generally bound to presume that there was evidence to support the finding of the court or jury. See opinion of DiXON, O. J., in Cutler v. Hurlbut, 29 Wis., 152. The necessity of such a certificate, when such is the fact, and the fact is material, is frequently overlo >ked at the bar; leaving us powerless to consider questions pressed upon us.
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2Cases cited1 opinion
- Cutler v. HurlbutWisconsin Supreme Court · 1871
3Cited by4 opinions
- Collins v. BreenWisconsin Supreme Court · 1890
- Edwards v. SmithWisconsin Supreme Court · 1879
- Dodge County v. DiersNebraska Supreme Court · 1903
- Collier v. Town of ScottWisconsin Supreme Court · 1905