Legal Opinion

Ashbough v. Walter

Wisconsin Supreme Court

Decided June 15, 1869PublishedCited by 1 opinion

APPEAL from the Circuit Court for Pierce County. The defendant appealed from a judgment of said court reversing the judgment of a justice of the peace in his favor. The case is stated in the opinion. contended that the judgment of the circuit court in a former action was a complete tar to this action. 6 Barb. 515, 524; 7 id. 494, 496, 497, 226-242; 16 id. 337; Doty v. Brown, 4 Comst. 71, 74 ; Cow.

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APPEAL from the Circuit Court for Pierce County. The defendant appealed from a judgment of said court reversing the judgment of a justice of the peace in his favor. The case is stated in the opinion. contended that the judgment of the circuit court in a former action was a complete tar to this action. 6 Barb. 515, 524; 7 id. 494, 496, 497, 226-242; 16 id. 337; Doty v. Brown, 4 Comst. 71, 74 ; Cow. Treat. 439, 440, 599, 600; Embury v. Conner, 3 Comst. 511, 522; Emmons v. Dowe, 2 Wis. 322; Diclc v. Webster, 6 id. 481; Woodward v. Hill, id. 143 ; Nash v. Church, 10 id. 303; Warner r. Howland,…

1Opinion of the CourtDixon-, C. J.

This is an action of trespass, commenced before a justice of the peace, for breaking and entering the close of the plaintiff, and taking down and removing a portion of his fences. The defendant answered in the justice’s court, denying the trespass, and also gave notice that he would prove that the locus in quo was a public highway; that he was overseer of roads for the district in which the highway was situated, and had been ordered by the supervisor of the town to remove the fences and open it to the public ; and that he did remove the fences in pursuance of such order, which was the same…

2Cases cited1 opinion

  1. Manny v. SmithWisconsin Supreme Court · 1860

3Cited by1 opinion

  1. Lowitz v. LeverentzWisconsin Supreme Court · 1883

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