Morrison v. Austin
Wisconsin Supreme Court
ERROR to tbe Circuit Court for Marathon County. Action to recover possession of certain lumber alleged to belong to tbe plaintiff, and to have been unlawfully detained, &e.
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ERROR to tbe Circuit Court for Marathon County. Action to recover possession of certain lumber alleged to belong to tbe plaintiff, and to have been unlawfully detained, &e. Answer, a general 'denial; and title in tbe defendant by purchase at a sheriff’s sale upon an execution on a judgment in favor of tbe defendant against one Single, who was tbe owner of tbe lumber at tbe time it was taken in execution ; with a demand of judgment for a return of tbe lumber and for damages. ' ' After tbe plaintiff bad closed bis testimony, tbe defendant offered in evidence tbe judgment roll and execution…
1Opinion of the Court
By the Court,
DixoN, C. J.
The-objections to tbe judgment roll introduced in evidence by tbe defendant below are altogether too nice. Tbe law is not .so precise as to send a deserving suitor out of court because bis attorney or tbe clerk has neglected to cross a t or dot an i. Courts will not turn away from tbe merits of a controversy upon sucb flimsy excuses. Those here urged for defeating what tbe jury have found to be a valid claim, are scarcely more substantial. Tbe word “ tbe” in tbe affidavit of no answer, and tbe word “receive” in tbe judgment, appear at a glance to have been inserted by…
2Cases cited2 opinions
- Pratt v. DonovanWisconsin Supreme Court · 1860
- Moyer v. CookWisconsin Supreme Court · 1860
3Cited by9 opinions
- Meeker v. JohnsonWashington Supreme Court · 1891
- Egan v. SengpielWisconsin Supreme Court · 1879
- Scheiber v. KaehlerWisconsin Supreme Court · 1880
- Stevens v. McMillinSupreme Court of Minnesota · 1887
- Thompson v. ScheidSupreme Court of Minnesota · 1888
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