Dobbs v. Kellogg
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bond du Imo County. Ejectment, brought against Sarah C. Kellogg, Edwin C. Kellogg and others. The answers of Sarah C. and Edwvn C. Kellogg are sufficiently stated in the opinion. There was a reply in denial of the equitable counterclaim set up by Edwin C. Kellogg. After the jury had been called, “defendant asked that the court now try and dispose of the equitable issue first.” The judge answered, “I will try the equitable issue now.”
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APPEAL from tbe Circuit Court for Bond du Imo County. Ejectment, brought against Sarah C. Kellogg, Edwin C. Kellogg and others. The answers of Sarah C. and Edwvn C. Kellogg are sufficiently stated in the opinion. There was a reply in denial of the equitable counterclaim set up by Edwin C. Kellogg. After the jury had been called, “defendant asked that the court now try and dispose of the equitable issue first.” The judge answered, “I will try the equitable issue now.” The jury were then sworn, and plaintiffs introduced their evidence. The court instructed the jury to find for the plaintiffs,…
1Opinion of the CourtOrton, J.
Without any critical examination of the record, it is sufficient for the disposition of the case that the error, if any, consists in the rendition of the judgment on the verdict of the 'jury, without first disposing of the equitable counterclaim. Both of the answers —one by Sarah 0. Kellogg, and the other by Edwvn, 0. Kellogg, her husband — are very vague, uncertain and indefinite; but, as the cause went to trial without any objection to the pleadings by demurrer or otherwise, we must, if possible, by liberal construction in their favor, arrive at and consider their substantial allegations. *451Th…
2Cases cited7 opinions
- Lawe v. HydeWisconsin Supreme Court · 1876
- Du Pont v. DavisWisconsin Supreme Court · 1874
- Lombard v. CowhamWisconsin Supreme Court · 1874
- Kent v. AgardWisconsin Supreme Court · 1869
- Mather v. HutchinsonWisconsin Supreme Court · 1869
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3Cited by15 opinions
- Smith v. PflugerWisconsin Supreme Court · 1905
- Moore v. SmeadWisconsin Supreme Court · 1895
- Lamson v. MoffatWisconsin Supreme Court · 1884
- Raesser v. National Exchange BankWisconsin Supreme Court · 1902
- Voechting v. GrauWisconsin Supreme Court · 1882
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