Maxim v. Wedge
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The case is sufficiently stated in the opinion. argued, among other things, that the plaintiff’s title and possession were both admitted in the answer and a stipulation served and filed before the trial, and on her recovering less than $50 damages the defendant was, under sec. 2920, R. S., entitled to costs. The plaintiff’s title is admitted by defendant’s plea of license, and also by his denial of the trespass.
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APPEAL from the Circuit Court for Winnebago County. The case is sufficiently stated in the opinion. argued, among other things, that the plaintiff’s title and possession were both admitted in the answer and a stipulation served and filed before the trial, and on her recovering less than $50 damages the defendant was, under sec. 2920, R. S., entitled to costs. The plaintiff’s title is admitted by defendant’s plea of license, and also by his denial of the trespass. McOarron v. O'Oonnel, 1 Cal. 152; Wickham v. Seely, 18 Wend. 649. It was unnecessary for the plaintiff to plead his title, and his…
1Opinion of the CourtOetoN, J.
The complaint substantially alleges that the plaintiff was the owner and in possession of the premises upon which the trespass was committed, and that the defendant, without leave of the plaintiff, entered said premises and cut and girdled eleven ornamental shade-trees of the value of $300, and that the land upon which said shade trees Avere growing was thereby greatly damaged, and lessened in value to the amount of $100, to his damage of $1,000. There is an allegation, also, that said land was owned and occupied by the plaintiff as her homestead. The defendant alleged in his answer,…
2Cases cited4 opinions
- Ames v. MeehanWisconsin Supreme Court · 1885
- Boorman v. American Express Co.Wisconsin Supreme Court · 1866
- Lipsky v. BorgmannWisconsin Supreme Court · 1881
- Hastings v. GwynnWisconsin Supreme Court · 1860
3Cited by1 opinion
- Wolfe v. FurmanWisconsin Supreme Court · 1910