Rosenberg v. Sheahan
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: W. J. TueNee, Circuit Judge. Action on contract to recover for a hoisting elevator installed for defendants. Tbe plaintiffs’ claim was that they furnished an elevator in accordance with their agreement to ■do so.
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Appeal from a judgment of the circuit court for Milwaukee county: W. J. TueNee, Circuit Judge. Action on contract to recover for a hoisting elevator installed for defendants. Tbe plaintiffs’ claim was that they furnished an elevator in accordance with their agreement to ■do so. Defendants answered, admitting that they contracted with plaintiffs for the elevator mentioned, but insisting that ■the contract was conditioned upon its having a carrying capacity of 2,000 pounds and being installed and put in operation satisfactory to them, which they wholly failed to do; that the elevator only had a…
1Opinion of the Court
Tbe following opinion was filed December 5, 1911:
Marshal, J.
A cause baying been tried upon tbe record, and nothing appearing to tbe contrary, it must be presumed tbe trial court reached tbe conclusion complained of from such evidence as was deemed competent. Therefore, tbe judgment cannot be disturbed on appeal by assuming that evidence was rejected which was shown to have been objected to on tbe original trial, nor upon tbe ground that tbe appellate court should have rejected evidence which was subject, thereto upon a particular, but which tbe court was not bound to reject upon a general,…
2Cases cited8 opinions
- Tooley v. . BaconNew York Court of Appeals · 1877
- Farmers' & Manufacturers' Bank v. WhinfieldNew York Supreme Court · 1840
- Pettit v. MayWisconsin Supreme Court · 1874
- Colburn v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1901
- Crawford v. WitherbeeWisconsin Supreme Court · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Jefferson County v. TimmelWisconsin Supreme Court · 1952
- State v. HoffmanWisconsin Supreme Court · 1942
- Barth Brothers v. BillingsWisconsin Supreme Court · 1975
- Krogh v. Great West Life Assurance Co.North Dakota Supreme Court · 1927
- Choy v. OtaguroHawaii Supreme Court · 1932
5 more not listed; retrieve them via the Exa API.