Legal Opinion

Warner v. Cuckow

Wisconsin Supreme Court

Decided May 15, 1895PublishedCited by 4 opinions

Appeal from, a judgment of the circuit court for Rock county: JohN R. BeNNEtt, Circuit Judge. Action for money bad and received. The plaintiff, in August, 1885, owned a large farm in the town of Bradford, Rock county, Wisconsin, which was then in possession of one Millington, a tenant, to whom it had been leased in the year 1884 for a term of five years at a rental of $1,000 per year.

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Appeal from, a judgment of the circuit court for Rock county: JohN R. BeNNEtt, Circuit Judge. Action for money bad and received. The plaintiff, in August, 1885, owned a large farm in the town of Bradford, Rock county, Wisconsin, which was then in possession of one Millington, a tenant, to whom it had been leased in the year 1884 for a term of five years at a rental of $1,000 per year. In the summer 'of 1885 the plaintiff resided, in London, England, and continued to reside there until the fall of 1891, when she returned to Wisconsin. There was a mortgage on the farm of $5,000, the interest…

1Opinion of the CourtWinslow, J.

Practically, the only question on this appeal is whether the findings sustain the judgment, and the merest reading of them is sufficient to show that they do sustain it. We say this is the-only question, because the exceptions are too general in their nature to raise any other question. Each of the findings excepted to, except perhaps the sixth, ninth, and tenth findings, contains a number of propositions of fact, some of which are undisputed or clearly established by the evidence; and in such case a wholesale exception is of no avail. As to the sixth, ninth, and tenth findings, examination…

2Cases cited1 opinion

  1. Carroll v. LittleWisconsin Supreme Court · 1889

3Cited by4 opinions

  1. Hart v. HartWisconsin Supreme Court · 1903
  2. Reinke v. WrightWisconsin Supreme Court · 1896
  3. Ingersoll v. SeatoftWisconsin Supreme Court · 1901
  4. Bulow v. HettingWisconsin Supreme Court · 1901

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