Persons' Adm's. v. Burdick
Wisconsin Supreme Court
ERROR TO MILWAUKEE COUNTY COURT. This was an action of trover, brought by the plaintiff in error against the defendant in error, before a Justice of the Peace, for taking and converting four hogs, the property of the plaintiff, &c. The defendant pleaded not guilty, and the cause was tried without a jury.
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ERROR TO MILWAUKEE COUNTY COURT. This was an action of trover, brought by the plaintiff in error against the defendant in error, before a Justice of the Peace, for taking and converting four hogs, the property of the plaintiff, &c. The defendant pleaded not guilty, and the cause was tried without a jury. It appeared from the evidence that the plaintiff had a farm in the town of Lake, which had been in the occupancy of one Lemonier, his tenant; and the plaintiff produced and proved the execution of a contract of settlement between the plaintiff and said Lemonier, in and by which said Lemonier…
1Opinion of the Court
By the Goivrt,
Whiton C. J.
We do not see how the judgment of the County Court can be sustained.
The present defendant in error appears to have relied in the County Court principally upon the alleged error in the Justice in deciding improperly in regard to the weight and effect of the testimony, and in ruling out the testimony which was offered, of the declarations of a third person, (Lemonier). We think that the decision of the Justice was correct in regard to the admissibility of this testimony. It was not offered as explanatory of any act which the witness performed, and unless the plainest…
2Cited by4 opinions
- State ex rel. Smith v. GaylordWisconsin Supreme Court · 1889
- Campbell v. BabbittsWisconsin Supreme Court · 1881
- Eastland v. FogoWisconsin Supreme Court · 1886
- West v. Vanden BrookWisconsin Supreme Court · 1888