Mercer v. Wright
Wisconsin Supreme Court
This was an action of trespass, commenced in'the Dane County Court, by the defendant in error against the plaintiff in error, and urns sent to the Circuit Court of said county, upon application of the defendant below.
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This was an action of trespass, commenced in'the Dane County Court, by the defendant in error against the plaintiff in error, and urns sent to the Circuit Court of said county, upon application of the defendant below. The declaration is in two counts: the first guare dausum fregit, and the second for taking and carrying away a quantity of logs of the plaintiff, of the value of $500 To which declaration the plaintiff pleaded the general issue, and the cause was tried by a jury in said Circuit Court. The testimony introduced upon the trial.is sufficiently shown in the opinion of the court. The…
1Opinion of the Court
By the Court,
Smith, J.
Several questions are raised by the bill of exceptions, but as one point is decisive of the case here, and as -the other questions are not likely to arise upon a new trial, they will be passed without comment.
It appears that on the trial in the court below, (the suit being trespass for cutting timber on the plaintiff’s land,) the defendant called as a witness one Miller, who testified that he cut all the timber drawn out and piled on the defendant’s lot, embracing all the timber in question, and that it was all cut on the defendant’s land ; that he did not cut any timber…
2Cited by21 opinions
- Pease v. . SmithNew York Court of Appeals · 1875
- Miller v. StateWisconsin Supreme Court · 1909
- Cheney v. StateWisconsin Supreme Court · 1969
- Patnode v. WestenhaverWisconsin Supreme Court · 1902
- State v. ReillyNorth Dakota Supreme Court · 1913
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