Dorer v. Hood
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Grant county: Geo. ClemeNtsoN, Circuit Judge. Tbe defendant brought an action of ejectment against plaintiff, and tbis court directed judgment in favor of tbe former in 107 Wis. 149. Judgment for recovery of tbe possession of the premises and for rents and profits amounting to $999.17, besides costs, was accordingly entered on July 23, 1900. Within one year the plaintiff commenced this action -under subd. 3, sec. 3097, Stats.…
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Appeal from a judgment of tbe circuit court for Grant county: Geo. ClemeNtsoN, Circuit Judge. Tbe defendant brought an action of ejectment against plaintiff, and tbis court directed judgment in favor of tbe former in 107 Wis. 149. Judgment for recovery of tbe possession of the premises and for rents and profits amounting to $999.17, besides costs, was accordingly entered on July 23, 1900. Within one year the plaintiff commenced this action -under subd. 3, sec. 3097, Stats. 1898, to recover the value of his improvements and for taxes paid. Eeferenee is made to the former case for the facts…
1Opinion of the Court
The following opinion was filed January 28, 1902:
BaedeeN, J.
There is no certificate that the bill of exceptions contains all the evidence. There is, however, at the close *611■of tbe testimony, tbe following recitation: “Which was all tbe •evidence in tbe case.” In Erdall v. Atwood, 79 Wis. 1, and in many subsequent cases, this court held that a statement substantially in tbe form given is equivalent to a certificate of tbe trial judge that tbe bill contained all tbe evidence. We should so treat it in this case, but for tbe fact that such statement is impeached and disputed on tbe face of tbe…
2Cases cited16 opinions
- Edgerton v. BirdWisconsin Supreme Court · 1858
- Farley v. SmithSupreme Court of Alabama · 1863
- Sutherland v. GoodnowIllinois Supreme Court · 1884
- Whitney v. RichardsonSupreme Court of Vermont · 1858
- Garrett v. AdrainSupreme Court of Georgia · 1871
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3Cited by5 opinions
- Fouser v. PaigeIdaho Supreme Court · 1980
- Sugarman v. OlsenOregon Supreme Court · 1969
- Gulf Production Co. v. GrangerTexas Supreme Court · 1932
- Gall v. GallWisconsin Supreme Court · 1904
- Gulf Production Co. v. GrangerTexas Commission of Appeals · 1932