Walker v. Duncan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. The following statement of the case was prepared by Mr. Justice Oassoday: The plaintiff in his complaint alleged, in effect, that the defendant was justly indebted to him in the sum of $3,315 for 250,000 feet of saw-logs theretofore sold and delivered to the defendant by the plaintiff, and at his special instance and request. The answer was a general denial.
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APPEAL from the Circuit Court for Columbia County. The following statement of the case was prepared by Mr. Justice Oassoday: The plaintiff in his complaint alleged, in effect, that the defendant was justly indebted to him in the sum of $3,315 for 250,000 feet of saw-logs theretofore sold and delivered to the defendant by the plaintiff, and at his special instance and request. The answer was a general denial. At the close of the trial the jury returned a verdict in favor of the plaintiff for $600 damages. From the judgment thereon the defendant appeals. They contended, inter alia, that the…
1Opinion of the CourtCassodav, J.
The defendant owned a saw-mill on Silver creek, with a mill-pond which he used for storing saw-logs. Three fourths of a mile above was another saw-mill, owned by one ’ Palmer, with a mill-pond similarly used. In the winter of 1880-81, the plaintiff got into Palmer’s mill-pond and there stored a large quantity of saw-logs belonging to himself. The evidence on the part of the plaintiff tended to prove that in a time of high water, in September, 1881, a portion of the plaintiff’s saw-logs floated out of Palmer’s pond into the defendant’s pond, and were sawed by the defendant and converted to his…
2Cases cited3 opinions
- Norden v. JonesWisconsin Supreme Court · 1873
- Western Assurance Co. v. TowleWisconsin Supreme Court · 1886
- Grannis v. HookerWisconsin Supreme Court · 1871
3Cited by9 opinions
- McNally v. McAndrewWisconsin Supreme Court · 1897
- State ex rel. American Piano Co. v. Superior CourtWashington Supreme Court · 1919
- Barth v. GrafWisconsin Supreme Court · 1898
- Rawson Manufacturing Co. v. RichardsWisconsin Supreme Court · 1887
- Crosson v. Lion Oil Refining CompanySupreme Court of Arkansas · 1925
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