Curkeet v. Steinhoff
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Grant county: Geobge' ClemieNtsoN, Circuit Judge. On February 26, 1902,- plaintiff held an auction at his farm in the town of Elk Grove, Lafayette county, and at such sale defendants bid off certain personal property, to be paid for in cash at the time of the sale. Included in the property bought by the defendants was a group of heifers.
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Appeal from a judgment of the circuit court for Grant county: Geobge' ClemieNtsoN, Circuit Judge. On February 26, 1902,- plaintiff held an auction at his farm in the town of Elk Grove, Lafayette county, and at such sale defendants bid off certain personal property, to be paid for in cash at the time of the sale. Included in the property bought by the defendants was a group of heifers. There is no dispute as to the other property bought by them, but they claim that the group of heifers which they bought contained eight animals, and that a certain dark red heifer with a star in the forehead was…
1Opinion of the CourtSiebecker, J.
It is averred that the submission of the first question in the special verdict was prejudicial error, because the inquiry propounded did not cover an issue raised by the pleadings, and its submission was confusing and misleading to the jury. It appears that the main controversy turned upon the question of whether there were seven or eight heifers in the group brought.into the sale ring and sold to defendants. True, this issue is fully covered by the second question of the special verdict. It appears, however, that this controversy arose over the disputed claim of the parties to the heifer…
2Cases cited3 opinions
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Lowenstein & Bros. v. BreslerSupreme Court of Alabama · 1895
- Capitol State Bank v. LaneMississippi Supreme Court · 1876
3Cited by1 opinion
- Wasielewski v. RackeWisconsin Supreme Court · 1937