Barden v. Smith
Wisconsin Supreme Court
ERROR TO DODGE CIRCUIT COURT. This was an action of trespass quase clausum fregit, commenced before a justice of the peace of Dodge county. The declaration was in the usual form.
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ERROR TO DODGE CIRCUIT COURT. This was an action of trespass quase clausum fregit, commenced before a justice of the peace of Dodge county. The declaration was in the usual form. Plea, general issue, with notice of liberum tenementum, and notice bringing the title of the land in question, whereupon the case was removed to the circuit court of said county, and was tried at the April term, 1856. On the trial, the plaintiff proved that the land, (the S. E. quarter of the N. W. quarter of section 17,) had been duly selected as swamp land; that he was in the posséssion and occupancy thereof under…
1Opinion of the Court
By the Court,
Smith, J.
After the plaintiff had closed his evidence on the trial, in the court below, the defendant moved for a nonsuit, which was granted, on the ground that there was not sufficient evidence that the ditch (the cutting of which in the locus in quo was the tresspass complained of was cut on the land mentioned and set forth in the plaintiffs declaration.
The court below was doubtless in error in non-suiting the plaintiff for this reason. Although the surveys were not made with mathematical accuracy, yet the evidence that the ditch was cut on the land of the plaintiff, or land in…
2Cited by2 opinions
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- Gerhardt v. SwatyWisconsin Supreme Court · 1883