Wadleigh v. Marathon County Bank
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. This action was commenced June 4, 1879, to recover the value of 1,000,000 feet of pine saw-logs, alleged in the complaint to have been unlawfully cut by the defendant between December 1, 1878, and May 1, 1879, upon certain lands owned by the plaintiff in fee simple, which said logs were hauled away by the defendant and converted to its own use.
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APPEAL from the Circuit Court for Columbia County. This action was commenced June 4, 1879, to recover the value of 1,000,000 feet of pine saw-logs, alleged in the complaint to have been unlawfully cut by the defendant between December 1, 1878, and May 1, 1879, upon certain lands owned by the plaintiff in fee simple, which said logs were hauled away by the defendant and converted to its own use. The lands from which the logs are alleged to have been so taken are portions of sections 2'and 3, in township 37 N., range 5 E., in the county of Lincoln. Judgment is demanded for $1,000, the value of…
1Opinion of the CourtLyon, J.
1. Did the circuit court err in denying plaintiff’s motion for judgment, for the alleged frivolousness of the *551original answer? If the answer was frivolous — that is, if it contained no denial of any material allegation of the complaint — the motion should have been granted, or, at least, the defendant should have been required to make a better answer. Moreover, if it is frivolous, the amended answer does not deny, and therefore admits, that the plaintiff had title in fee to the lands described in the complaint, down to the time when the tax deed was issued to Putnam, as therein alleged. If…
2Cases cited5 opinions
- Smith v. SherryWisconsin Supreme Court · 1882
- Hungerford v. RedfordWisconsin Supreme Court · 1872
- Austin v. HoltWisconsin Supreme Court · 1873
- Chapman v. ChapmanNew York Supreme Court · 1868
- Hewitt v. ButterfieldWisconsin Supreme Court · 1881
3Cited by9 opinions
- Roberts v. First National BankNorth Dakota Supreme Court · 1899
- Lieberman v. ClarkTennessee Supreme Court · 1904
- Louisville, New Orleans & Texas Railroad v. JacksonSupreme Court of Arkansas · 1916
- Hilberg v. GreerMichigan Supreme Court · 1912
- Knapp v. Alexander-Edgar, Lumber Co.Wisconsin Supreme Court · 1911
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