Kelley v. Kelley
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lae County; Action, to recover possession of a frame building, twelve by fourteen feet, built for a granary. ■ So much, of tbe evidence for tbe plaintiff as is contained in tbe bill of exceptions, shows tbat tbe building was erected six or seven years before tbe action, by one Ingles, on tbe northeast quarter of tbe southeast quarter of section 17 in a certain town in said county; tbat in November or December, 1863, it was moved by…
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APPEAL from tbe Circuit Court for Fond du Lae County; Action, to recover possession of a frame building, twelve by fourteen feet, built for a granary. ■ So much, of tbe evidence for tbe plaintiff as is contained in tbe bill of exceptions, shows tbat tbe building was erected six or seven years before tbe action, by one Ingles, on tbe northeast quarter of tbe southeast quarter of section 17 in a certain town in said county; tbat in November or December, 1863, it was moved by Ingles on to tbe north half of the southwest quarter of section 16, in tbe same town ; tbat it remained there on poles or…
1Opinion of the CourtCole, J.
As tbe bill of exceptions does not purport to contain all tbe evidence given on tbe trial, we must assume that tbe state of tbe proofs was sucb as to render tbe instructions given proper and pertinent, and to show that those asked and refused would bave been improper. Sucb a state of facts might bave been estabbsbed by tbe testimony as to make tbe charge of tbe court applicable, although upon tbe evidence as returned it might in some respects seem to be erroneous.
• And it is obvious that tbe same remark applies to tbe objection taken to tbe admissions of tbe declaration of Ingles. It might…
2Cited by4 opinions
- City of Ripon v. BittelWisconsin Supreme Court · 1872
- Roebke v. AndrewsWisconsin Supreme Court · 1870
- Cuddy v. ForemanWisconsin Supreme Court · 1900
- Lamoreux v. HuntleyWisconsin Supreme Court · 1887