Morgan v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. Ou August 31, 1888, the plaintiffs commenced an action in tbe circuit court for Monroe county against the defendant, in which they claimed damages for three separate fires caused by the defendant to the plaintiffs’ lands, situated in township 19 N, range 1 E., as hereinafter mentioned, and in the complaint therein alleged three several causes of action, to wit: Por a first cause of action, $300 damage to the plaintiffs’…
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APPEAL from the Circuit Court for Columbia County. Ou August 31, 1888, the plaintiffs commenced an action in tbe circuit court for Monroe county against the defendant, in which they claimed damages for three separate fires caused by the defendant to the plaintiffs’ lands, situated in township 19 N, range 1 E., as hereinafter mentioned, and in the complaint therein alleged three several causes of action, to wit: Por a first cause of action, $300 damage to the plaintiffs’ lands in section 23 in said town, by fire, on or about July 7, 1886; for the second cause of action, $10,000 damage to their…
1Opinion of the CourtCassoday, J.
It is conceded that the cause of action alleged in the complaint in this action is the same as the *351second cause of action alleged in the complaint in the former action. This being so, it is manifest that the judgment in the former action is a bar to this action, unless such second cause of action was completely eliminated therefrom prior to the verdict therein, upon which the said judgment was entered. It is conceded that there was but one verdict or finding in the former action, and that was a general ver.dict, and is the one assessing the damages of the plaintiffs therein at $4,000, as…
2Cases cited6 opinions
- Van Valkenburgh v. City of MilwaukeeWisconsin Supreme Court · 1878
- Gummer v. Trustees of OmroWisconsin Supreme Court · 1880
- Lawrence v. City of MilwaukeeWisconsin Supreme Court · 1878
- Kalisch v. KalischWisconsin Supreme Court · 1859
- Dick v. WebsterWisconsin Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Estate of SharonCalifornia Supreme Court · 1918
- Gratz v. ParkerWisconsin Supreme Court · 1908
- Gerbig v. BellWisconsin Supreme Court · 1910
- Murphey v. WeilWisconsin Supreme Court · 1896
- Stern v. Washington National BankWashington Supreme Court · 1896