Legal Opinion

Weymouth v. Chicago & North-Western Railway Co.

Wisconsin Supreme Court

Decided June 15, 1863PublishedCited by 34 opinions

APPEAL from the Circuit Court for Jefferson County. The plaintiff', a married woman, brought this action to recover damages for the conversion of seventy-one cords of wood belonging to her. The facts are stated sufficiently in the opinion of the court. "Verdict for the plaintiff for $417 damages. Motion for a new trial overruled. Judgment upon tbe verdict ; from which the defendant appealed.

1Opinion of the Court

By the Court,

Paint®, . J.

This being an action by a married woman, to recover for the conversion of a quantity of wood, the defendant, on the trial, asked the court to instruct the jury that, in order to recover, she must prove her title <£ by evidence that did not admit of reasonable doubt.” This was refused, and the defendant, claiming it to be error, relies on the cases of Stanton vs. Kirsch, 6 Wis., 338, and Horneffer vs. Duress, 13 id., 603. But the doctrine of those cases is properly applicable only where there is a contest between a married woman and the creditors of her husband, in…

2Cases cited5 opinions

  1. Baker v. Wheeler & MartinNew York Supreme Court · 1832
  2. Curtis v. GroatNew York Supreme Court · 1810
  3. Kennedy v. StrongNew York Supreme Court · 1817
  4. Stanton v. KirschWisconsin Supreme Court · 1858
  5. Schermerhorn v. Van VolkenburghNew York Supreme Court · 1814

3Cited by34 opinions

  1. Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
  2. Meeker v. GardellaWashington Supreme Court · 1890
  3. White v. YawkeySupreme Court of Alabama · 1895
  4. Kirby Lumber Co. v. Temple Lumber Co.Texas Supreme Court · 1935
  5. Winchester v. CraigMichigan Supreme Court · 1876

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