Smith v. Sherwood
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Charles Smith, Judge. This is an action for conversion of a sand pump, sand scow, and appurtenances. The defendants justify the taking of the property upon an execution issued upon a judgment in their favor against one A. K. Smith.
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Appeal from a judgment of the superior court of Douglas county: Charles Smith, Judge. This is an action for conversion of a sand pump, sand scow, and appurtenances. The defendants justify the taking of the property upon an execution issued upon a judgment in their favor against one A. K. Smith. It appeared at the trial that A. K. Smith and the plaintiff were brothers, and in 1893 were partners, and owned the property in question as partners, and used it in the business of pumping sand out of the bay at Superior. The plaintiff claims that his brother, A. K. Smith, largely overdrew his account,…
1Opinion of the Court
"WiNslow, J.
The first contention made by the appellants is that the verdict is contrary to the evidence. Examination of the record convinces us that there was sufficient evidence to sustain the verdict; hence this objection must be overruled. There are forty-six other errors assigned by the appellants, some of which are again subdivided into lesser and more microscopic errors. He would be an exceptional trial judge who could commit so many errors during the trial of one small case. Many of the errors assigned are of a very trivial nature, and we shall dispose of all but one of them with the…
2Cases cited2 opinions
- State ex rel. Gehring v. ClaudiusMissouri Court of Appeals · 1876
- Brownlee v. HewittMissouri Court of Appeals · 1876
3Cited by17 opinions
- Frangos v. EdmundsOregon Supreme Court · 1946
- Durden v. PeopleIllinois Supreme Court · 1901
- Horne v. RogersSupreme Court of Georgia · 1900
- Peri v. StateDistrict Court of Appeal of Florida · 1983
- State v. PattersonConnecticut Appellate Court · 1993
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