Hazelton v. Week
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. The action was against Prank Hughes and John Week. Hughes made no answer; but Week answered with a general denial. On the trial of the issue thus made, there was a special verdict, upon which the court rendered a judgment in Week's favor; and from this judgment the plaintiff appealed.
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APPEAL from the Circuit Court for Marathon County. The action was against Prank Hughes and John Week. Hughes made no answer; but Week answered with a general denial. On the trial of the issue thus made, there was a special verdict, upon which the court rendered a judgment in Week's favor; and from this judgment the plaintiff appealed. Por the appellant it was contended, among other things, that an action for a joint trespass to real estate in cutting and removing timber lies against any and all parties who took part in the trespass. One trespasser cannot protect himself by an alleged…
1Opinion of the Court
Cole, L
In the court below this was treated as an action of trespass for unlawfully entering upon the plaintiff’s land and cutting and removing therefrom a quantity of pine timber’. There was no dispute on the trial that the logs were cut on the plaintiff’s land, and that the defendant Weelc had them and manufactured them into lumber. Nor was there any claim that the defendant Weeh himself cut any of the logs. It is clearly established by the evidence, and the fact is conceded, that he did not, but that the defendant Hughes, with his brother, and persons employed by them, actually cut the…
2Cases cited2 opinions
- Higginson v. YorkMassachusetts Supreme Judicial Court · 1809
- Dexter v. ColeWisconsin Supreme Court · 1858
3Cited by4 opinions
- Smith v. SherryWisconsin Supreme Court · 1882
- Wright v. E. E. Bolles Wooden Ware Co.Wisconsin Supreme Court · 1880
- Metropolitan Casualty Insurance v. ClarkWisconsin Supreme Court · 1911
- Tobin v. DealWisconsin Supreme Court · 1884