Akerly v. Vilas
Wisconsin Supreme Court
APPEAL from the Circuit . Court for Bane County. The report of the decision made by this court upon a former appeal from the judgment of the circuit court, found in 21 Wis., pp. 88-112, contains a sufficiently full statement of the pleadings herein. At the October term of the circuit court, 1867, the cause was brought to trial before a jury.
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APPEAL from the Circuit . Court for Bane County. The report of the decision made by this court upon a former appeal from the judgment of the circuit court, found in 21 Wis., pp. 88-112, contains a sufficiently full statement of the pleadings herein. At the October term of the circuit court, 1867, the cause was brought to trial before a jury. Ch. 79, Laws of 1867. At the trial, defendant was refused permission to amend the second part of his answer, being his first coúnter-claim (21 Wis., pp. 92, 93), by inserting allegations of facts to show specific damage resulting to him from plaintiff’s…
1Opinion of the CourtDixoN, C. J.
Tbe question of the breach of the covenant for quiet ewjoyment by the prosecution by the plaintiff of the action in the district court of the United States to set aside the deed, and by his defense in the partition suit, and the question of the equities of the defendant Vilas, growing out of the same prosecution and defense, to reduce or extinguish the demand of the plaintiff, are wholly untouched by the former decisions of this court. This will appear from an examination of those decisions as reported in 15 Wis. 401, and 21 Wis. 88. To say nothing, therefore, of the rights of the defendant…
2Cases cited3 opinions
- Burhans v. Sanford & BrownNew York Supreme Court · 1838
- Akerly v. VilasWisconsin Supreme Court · 1862
- Akerly v. VilasWisconsin Supreme Court · 1866
3Cited by9 opinions
- Orton v. NoonanWisconsin Supreme Court · 1870
- Feiten v. City of MilwaukeeWisconsin Supreme Court · 1879
- Meservey v. SnellSupreme Court of Iowa · 1895
- Eldred v. LeahyWisconsin Supreme Court · 1872
- McCullough v. CuthbertIdaho Supreme Court · 1928
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