McGeoch v. Carlson
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: R. N. Austih, Judge. This was an action, brought by Peter McG-eoch against the defendant in justice’s court, for the conversion of a horse, the property of said McGeoch, alleged to have been stolen from him, and that it afterwards came to the defendant’s ¡possession, •who held the same, an’d claimed it as his’ own property, and, upon demand therefor, refused to give it up. 'The defendant answered by a general…
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Appeal from a judgment of the superior court of Milwaukee county: R. N. Austih, Judge. This was an action, brought by Peter McG-eoch against the defendant in justice’s court, for the conversion of a horse, the property of said McGeoch, alleged to have been stolen from him, and that it afterwards came to the defendant’s ¡possession, •who held the same, an’d claimed it as his’ own property, and, upon demand therefor, refused to give it up. 'The defendant answered by a general denial, and alleged that he purchased and paid for the horse at a reasonable price, and that he had the title to it. The…
1Opinion of the CourtPiNNEY, J.
While the minutes kept by the justice of the testimony of McGeoch, since deceased, were not admissible as competent evidence to prove what he testified to as a witness on the former trial, the justice, however, was a competent witness for that purpose, and he might use or refer to the minutes of such testimony taken by himself to refresh his recollection. The issue and the interest of the respective parties are the same as on the first trial; the present plaintiffs, as executors, standing in the place of and holding the interest of McGeoch, the deceased plaintiff. It is enough if the second…
2Cases cited2 opinions
- Zitske v. GoldbergWisconsin Supreme Court · 1875
- Charlesworth v. TinkerWisconsin Supreme Court · 1864
3Cited by4 opinions
- McRorie v. . MonroeNew York Court of Appeals · 1911
- People v. ColonAppellate Division of the Supreme Court of the State of New York · 1953
- Illinois Steel Co. v. MuzaWisconsin Supreme Court · 1916
- Dunck v. Milwaukee CountyWisconsin Supreme Court · 1899