Ellis v. Esson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oconto County. The case is thus stated by Mr. Justice Tatloe: “ This is an action to recover damages for a trespass upon the plaintiff’s real estate, and cutting and carrying therefrom a certain quantity of pine saw logs.
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APPEAL from the Circuit Court for Oconto County. The case is thus stated by Mr. Justice Tatloe: “ This is an action to recover damages for a trespass upon the plaintiff’s real estate, and cutting and carrying therefrom a certain quantity of pine saw logs. The evidence shows that the trespass complained of was committed jointly by the defendants and one E. E. Comstock, and that the plaintiff had made an agreement with Comstock, as found by the jury in their special verdict, which was as follows: “ ‘ 1. That prior to the commencement of this action it was agreed by and between the plaintiff and…
1Opinion of the CourtTayloR, J.
The proposition of the learned counsel for the appellants is, “ that a release or discharge of one of several joint trespassers is a release or discharge of the whole trespass;” and he argues that it is immaterial what the form of the agreement is between the parties, so long as it is sufficient to bar the right of the injured party from thereafter maintaining an action for such trespass against the party with whom the agreement was made; and that an agreement not to prosecute the party for the trespass, made upon a sufficient consideration, is equally as effective to bar such action against…
2Cases cited11 opinions
- Lovejoy v. MurraySupreme Court of the United States · 1866
- Bloss v. PlymaleWest Virginia Supreme Court · 1869
- Gunther ex rel. Gunther v. LeeCourt of Appeals of Maryland · 1876
- Chamberlin v. MurphySupreme Court of Vermont · 1868
- Spencer v. WilliamsSupreme Court of Vermont · 1828
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3Cited by65 opinions
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
- Pierringer v. HogerWisconsin Supreme Court · 1963
- City of Chicago v. BabcockIllinois Supreme Court · 1892
- Gilbert v. . FinchNew York Court of Appeals · 1903
- Dwy v. Connecticut Co.Supreme Court of Connecticut · 1915
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