Legal Opinion

Barker v. Buhre

Wisconsin Supreme Court

Decided November 25, 1884PublishedCited by 2 opinions

APPEAL from the Circuit Court for Walworth County. The case is thus stated by Mr. Justice Cassoday: “JohnN. Pease died December 11, 1880. The plaintiff brings this action, as administrator, to recover a certain note and mortgage of $500, and interest, executed by the defendant and wife, January 1,1873, payable to said deceased, and which, with other personal property, amounting in the aggregate to about $5,000, as in the complaint alleged, belonged to the deceased at the…

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APPEAL from the Circuit Court for Walworth County. The case is thus stated by Mr. Justice Cassoday: “JohnN. Pease died December 11, 1880. The plaintiff brings this action, as administrator, to recover a certain note and mortgage of $500, and interest, executed by the defendant and wife, January 1,1873, payable to said deceased, and which, with other personal property, amounting in the aggregate to about $5,000, as in the complaint alleged, belonged to the deceased at the time of his death, and of which the defendant had possession, and wrongfully detained the same from the plaintiff. “ The…

1Opinion of the CourtCassoday, J.

The evidence in behalf of the plaintiff seems to be sufficient to sustain the verdict. There are some irregularities in the admission and exclusion of evidence, however, to be considered. It appears from the record before us that after Lucy A. Barlow, the principal witness on the part of the defendant, had been examined, the plaintiff was allowed, by way of impeaching her, to prove by a son of the deceased, in effect, that he was at her house soon after his *489father’s death, when she produced two packages, one of ’which, being sealed up, she represented as her own private papers, and the other…

2Cases cited3 opinions

  1. Basket v. HassellSupreme Court of the United States · 1883
  2. Wilcox v. MattesonWisconsin Supreme Court · 1881
  3. Brunn v. SohuettWisconsin Supreme Court · 1884

3Cited by2 opinions

  1. Schultz v. BeckerWisconsin Supreme Court · 1907
  2. Wilkins v. WoodruffDistrict of Columbia Court of Appeals · 1950

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