Eaton v. Woydt
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond 'du Lac County. Ejectment, commenced in 1855 against one Emil Woydt, and, after his death, revived against his infant son, Edward M. Woydt. The premises in dispute were part of lot 40 in the village of Calumet, and there was a store thereon. The court refused to set aside a verdict for the defendant; and the plaintiff appealed.
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APPEAL from the Circuit Court for Fond 'du Lac County. Ejectment, commenced in 1855 against one Emil Woydt, and, after his death, revived against his infant son, Edward M. Woydt. The premises in dispute were part of lot 40 in the village of Calumet, and there was a store thereon. The court refused to set aside a verdict for the defendant; and the plaintiff appealed. This was a second verdict for the defendant, and it will not be set aside unless clearly against all the evidence. Edmistonv. Garrison, 18 Wis. 594; Van Valken-burgh v. Hoskins, 7 id. 496, and cases there referred to by counsel.…
1Opinion of the CourtCole, J.
The verdict in this case was so clearly against the evidence, that we think it should have been set aside and a new trial granted. It is suggested, in support of the finding of the jury, that there was no satisfactory proof of the fact that the defendant was, at the commencement of the action, in the possession of the premises claimed by the plaintiff'. But the evidence was abundant and clear that the defendant’s father was in possession when the suit was commenced. Delaney says that Emil Woydt occupied the store on lot 40 in Calumet village when he (witness) removed from that place in the…
2Cited by1 opinion
- Lockwood v. AllenWisconsin Supreme Court · 1902