Brown v. Bosworth
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. The case is thus stated by Mr. Justice Tatlor: “The plaintiff brought this action to recover damages from the defendants for unlawfully entering upon the plaintiff’s land and unlawfully cutting and carrying .away a large quantity of pine timber, then and there growing thereon, and converting the same to their own use.
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APPEAL from the Circuit Court for Marathon County. The case is thus stated by Mr. Justice Tatlor: “The plaintiff brought this action to recover damages from the defendants for unlawfully entering upon the plaintiff’s land and unlawfully cutting and carrying .away a large quantity of pine timber, then and there growing thereon, and converting the same to their own use. The complaint alleges that the defendants manufactured the logs and timr ber cut and carried away by them, and claims damages for the value of the lumber manufactured from said logs and timber. Within ten days after the service…
1Opinion of the CourtTayloe, J.
We think the affidavit of mistake was sufficient, although made bj? one of the defendants. It was made by one on behalf of both, and in analogy to the law which *383authorizes one of two or more defendants to verify their answers, one of two or more defendants may make the affidavit required by said sec. 4269. The object of the affidavit is to notify the plaintiff that the defendants will rely upon the fact that the timber was cut under a mistake, which, if proved, will relieve them from the larger damages given by the law to the plaintiff. In many cases it might happen that but one of two or…
2Cases cited12 opinions
- Smith v. SherryWisconsin Supreme Court · 1882
- Hurd v. HallWisconsin Supreme Court · 1860
- Weymouth v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1863
- Hungerford v. RedfordWisconsin Supreme Court · 1872
- Single v. SchneiderWisconsin Supreme Court · 1872
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Murphy v. Plankinton BankSouth Dakota Supreme Court · 1904
- Gerbig v. BellWisconsin Supreme Court · 1910
- Stahl v. Sentry InsuranceCourt of Appeals of Wisconsin · 1993
- Brown v. BosworthWisconsin Supreme Court · 1885
- Stearns & Culver Lumber Co. v. CawthonSupreme Court of Florida · 1911
5 more not listed; retrieve them via the Exa API.