Legal Opinion

Lipsky v. Borgmann

Wisconsin Supreme Court

Decided May 10, 1881PublishedCited by 6 opinions

APPEAL from the Circuit Court for Kewawnee County. The substance of the pleadings in this case is stated in the opinion. The circuit judge instructed the jury to find for the plaintiff, and to award him as damages the value of the building in question, with interest.

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APPEAL from the Circuit Court for Kewawnee County. The substance of the pleadings in this case is stated in the opinion. The circuit judge instructed the jury to find for the plaintiff, and to award him as damages the value of the building in question, with interest. Plaintiff had a verdict for $37.75; anew trial was-refused; and judgment was rendered for the amount of damages above named, with full costs — the judge certifying that the action was one over which a justice of the peace had no jurisdiction, and that “a claim of title to real estate arose upon the trial.” Defendant appealed from…

1Opinion of the CourtOrton, J.

It is alleged in the first count of the complaint, that the plaintiff was the owner and in possession of certain *258land, and that the same was his homestead, and that the defendant entered upon said land and demolished, carried away, and converted to his own use a certain wooden building situated thereon; and in the second count it is alleged that the plaintiff was in possession of certain personal property, and that the defendant took and converted the same to his own use; and the complaint further states that the defendant was then acting as the sheriff of the county. The defendant by his…

2Cases cited5 opinions

  1. Taylor v. CollinsWisconsin Supreme Court · 1881
  2. Huebschmann v. McHenryWisconsin Supreme Court · 1872
  3. Kimball v. DarlingWisconsin Supreme Court · 1873
  4. Jenkins v. McCurdyWisconsin Supreme Court · 1880
  5. Soper v. BarkerWisconsin Supreme Court · 1875

3Cited by6 opinions

  1. Cutler v. KellerWashington Supreme Court · 1915
  2. McFarlane v. FoleyIndiana Court of Appeals · 1901
  3. Zwietusch v. WatkinsWisconsin Supreme Court · 1884
  4. Maxim v. WedgeWisconsin Supreme Court · 1887
  5. Wolfe v. FurmanWisconsin Supreme Court · 1910

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