Schultz v. Culbertson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: John Goodland, Circuit Judge. Complaint alleged that plaintiff was, by virtue of contract with James Culbertson, the original defendant, the owner of certain stovewood and logs cut from and lying upon certain described lands, of the value of some $72, and that said Culbertson unlawfully converted the same.
Read the full summary
Appeal from a judgment of the circuit court for Outa-gamie county: John Goodland, Circuit Judge. Complaint alleged that plaintiff was, by virtue of contract with James Culbertson, the original defendant, the owner of certain stovewood and logs cut from and lying upon certain described lands, of the value of some $72, and that said Culbertson unlawfully converted the same. After trial in justice’s court and appeal to circuit court, the original defendant died, and his executrix, being substituted, filed an amended answer, first, denying generally the complaint; secondly, alleging mental…
1Opinion of the CourtDodge, J.
' The first error is assigned upon the exclusion of certain evidence. The plaintiff having introduced the *171original answer as an admission by James Culbertson contradicting certain facts claimed by appellant, the latter offered testimony of the attorney that he filed such answer, neithersigned nor verified by James Culbertson, without consultation with or information from him, but upon information derived from others. The testimony was excluded upon objection. Such ruling might be either correct or erroneous,, according to the purpose of its offer. If, as respondent contends, it was tendered…
2Cases cited16 opinions
- Brader v. BraderWisconsin Supreme Court · 1901
- Lee v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1898
- Wollman v. RuehleWisconsin Supreme Court · 1899
- In re Will of HuntWisconsin Supreme Court · 1904
- Burnham v. MitchellWisconsin Supreme Court · 1874
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Duthey v. StateWisconsin Supreme Court · 1907
- Williams v. JensenWisconsin Supreme Court · 1930
- Casson v. SchoenfeldWisconsin Supreme Court · 1918
- Schoette v. DrakeWisconsin Supreme Court · 1909
- Hafemann v. SeymerWisconsin Supreme Court · 1926
7 more not listed; retrieve them via the Exa API.