Hegar v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The complaint avers that plaintiff is the owner in fee (1) of a certain strip of land in the S. E. | of the S. E. | of section 35, T. 7 N., R. 14 E., in said' county; and also (2) of a certain other strip described as follows: “ Commencing in the center of Catharine street, four rods south of Dooling street, in Howell’s Addition to the village of Jefferson; running thence east two rods to the north line of lot 7, thence…
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APPEAL from the Circuit Court for Jefferson County. The complaint avers that plaintiff is the owner in fee (1) of a certain strip of land in the S. E. | of the S. E. | of section 35, T. 7 N., R. 14 E., in said' county; and also (2) of a certain other strip described as follows: “ Commencing in the center of Catharine street, four rods south of Dooling street, in Howell’s Addition to the village of Jefferson; running thence east two rods to the north line of lot 7, thence south parallel with the center of said street six rods, thence west two rods, thence north in the center of said street six…
1Opinion of the CourtCole, J.
There were two issues in this case. In respect to the piece of land first described in the complaint, the defendant set up an agreement between it and Mr. Holmes, the plaintiff’s grantor, by which Holmes promised and agreed to convey that strip of land to the defendant company; and it asked for a specific performance of this agreement. This of course was in the nature of an equitable counterclaim, to be tried.by the court.
We suppose it was irregular practice to enter judgment upon the verdict without also disposing of the other issue. There may be no necessity for submitting any question on…
2Cited by15 opinions
- Cox v. Louisville, New Albany, & Chicago RailroadIndiana Supreme Court · 1874
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Norcross v. GriffithsWisconsin Supreme Court · 1886
- Muller v. Southern Pacific Branch Railway Co.California Supreme Court · 1890
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