Rogan v. Perry
Wisconsin Supreme Court
APPEAL PROM THE JEPPERSON CIRCUIT COURT. This was an action of trespass on the case brought by the appellant against the respondent, before a justice oí the peace. The plaintiff in the action filed his declaration, alleging therein that the defendant -wrongfully took and carried away from the possession of the plaintiff a quantity of cord wood, to-wit; ten cords of the Value of fifteen dollars, the property of the plaintiff, and in his possession, &c.
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APPEAL PROM THE JEPPERSON CIRCUIT COURT. This was an action of trespass on the case brought by the appellant against the respondent, before a justice oí the peace. The plaintiff in the action filed his declaration, alleging therein that the defendant -wrongfully took and carried away from the possession of the plaintiff a quantity of cord wood, to-wit; ten cords of the Value of fifteen dollars, the property of the plaintiff, and in his possession, &c. The defendant filed a plea of not guilty, and attached a notice that he would show on the trial that the wood mentioned in the declaration was…
1Opinion of the Court
By the Court,
Whitoh C., J.
This case differs from that of Yerbeck vs. Yerbeck, decided at the present term, {a/nte 159), in this : that the notice which was filed with the plea of the general issue in the justice’s court, by the defendant, was sufficient to show that the title to land might be drawn in question at the trial. The justice therefore was correct in certifying the case to the circuit court in accordance with the statute.
But we are satisfied that the judgment of non-suit which was rendered in the circuit court cannot be sustained. The plaintiff’s testimony shewed that the wood which…
2Cited by6 opinions
- Wambold v. VickWisconsin Supreme Court · 1880
- Cummings v. FriedmanWisconsin Supreme Court · 1886
- Emerson v. ThompsonWisconsin Supreme Court · 1884
- Ohse v. BrussWisconsin Supreme Court · 1878
- People v. MaxonIdaho Supreme Court · 1870
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