Montgomery v. Breed
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. This action was commenced before a justice of the peace in Calumet county.
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APPEAL from the Circuit Court for Outagamie County. This action was commenced before a justice of the peace in Calumet county. The complaint alleged that, on etc., in said county, defendant did permit and suffer a certain bull over one year old, the property of said defendant, to run at large, contrary to the provisions of sec. 1, ch, 93, Laws of 1870; that on the same day plaintiff took up such bull (while so running at large), as provided by sec. 9 of said act, and secured him in the stable of one Holbrook; that on the same day the defendant, unlawfully and without plaintiff’s consent, and…
1Opinion of the CourtCole, J.
We think the circuit court erred in not granting the motion for a new trial. The verdict is unsupported by the evidence, and is directly in conflict with the instructions of the court, which contain a correct exposition of the statute under *651which the action is brought. That law (ch. 93, Laws of 1870), is entitled “ an act for the improvement and raising of stock,” and prohibits certain male animals from running at large, under the penalty therein prescribed. The plaintiff took up a bull belonging to the defendant, which he claimed was running at large in violation of this statute. The…
2Cases cited1 opinion
- Dutton v. FowlerWisconsin Supreme Court · 1871
3Cited by8 opinions
- State v. PoplowskiSupreme Court of Connecticut · 1926
- Decker v. McSorleyWisconsin Supreme Court · 1903
- Reuter v. SwarthoutWisconsin Supreme Court · 1924
- Russell v. AgarCalifornia Supreme Court · 1898
- Schrank v. PhilibeckWisconsin Supreme Court · 1947
3 more not listed; retrieve them via the Exa API.