Duncan v. Erickson
Wisconsin Supreme Court
ERROR to the Circuit Court for Taylor County. The defendant in error sued Duncan for the wrongful and unlawful cutting and carrying away of pine timber and saw-logs, the property of the plaintiff, from certain premises, of the alleged value of $1,000,- and for converting the same to his own use. The defendant answered by a general denial.
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ERROR to the Circuit Court for Taylor County. The defendant in error sued Duncan for the wrongful and unlawful cutting and carrying away of pine timber and saw-logs, the property of the plaintiff, from certain premises, of the alleged value of $1,000,- and for converting the same to his own use. The defendant answered by a general denial. An order was made referring the action to a referee, to hear, try, and determine it; but the order does not show that the defendant consented to the reference, and the record is silent on'that subject. The parties appeared before the referee, and proceeded…
1Opinion of the CourtPinnet, J.
A considerable part of the briefs in this case is devoted to a consideration of the conflict of evidence arising out of the testimony of the ten witnesses on the part of the plaintiff and the eight on the part of the defendant. There is sufficient evidence to sustain the finding of the circuit court for the reduced amount of $258.50. It would serve no useful purpose to enter into details. The record in this respect does not present any proper matter for discussion and decision in this court, there being no clear anj decided preponderance of evidence against the finding of the court.
1. The…
2Cases cited7 opinions
- Rogan v. WalkerWisconsin Supreme Court · 1853
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Board of Supervisors v. EhlersWisconsin Supreme Court · 1878
- Crocker v. CurrierWisconsin Supreme Court · 1886
- Littlejohn v. Regents of the University of WisconsinWisconsin Supreme Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Koch v. PetersWisconsin Supreme Court · 1897
- Flies v. Fox Bros. Buick Co.Wisconsin Supreme Court · 1929