Weymouth v. Chicago & North-Western Railway Co.
Wisconsin Supreme Court
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
- Baker v. Wheeler & MartinNew York Supreme Court · 1832
- Curtis v. GroatNew York Supreme Court · 1810
- Kennedy v. StrongNew York Supreme Court · 1817
- Stanton v. KirschWisconsin Supreme Court · 1858
- Schermerhorn v. Van VolkenburghNew York Supreme Court · 1814
3Cited by34 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- Meeker v. GardellaWashington Supreme Court · 1890
- White v. YawkeySupreme Court of Alabama · 1895
- Kirby Lumber Co. v. Temple Lumber Co.Texas Supreme Court · 1935
- Winchester v. CraigMichigan Supreme Court · 1876
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