Wilkinson v. Wilkinson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. This is an action by children and grandchildren of John Wilkinson, deceased, who are also the residuary devisees named in his will, to restrain the widow of said deceased from committing waste upon the homestead occupied by her as such widow, by cutting and selling timber therefrom; a,nd to recover damages for the timber already cut.
Read the full summary
APPEAL from the Circuit Court for Grant County. This is an action by children and grandchildren of John Wilkinson, deceased, who are also the residuary devisees named in his will, to restrain the widow of said deceased from committing waste upon the homestead occupied by her as such widow, by cutting and selling timber therefrom; a,nd to recover damages for the timber already cut. The complaint alleged, among other things, in effect, that the land where the timber was so cut was unfit for agricultural purposes, and only fit to grow timber, and that the defendant had cut and sold posts…
1Opinion of the CourtCassoday, J.
1. It is strongly intimated, if not claimed, that the findings are insufficient to support the judgment. The cutting of the timber, and the selling of the posts, are admitted, to a certain extent, in the answer, and hence no *560findings upon those questions were necessary. Catlin v. Henton, 9 Wis., 476; Hawkes v. Dodge Co. Mut. Ins. Co., 11 Wis., 188; Downer v. Sexton, 17 Wis., 29. Besides, if the plaintiff desired a finding upon a particular point, or a more specific one, he should have requested it, and its omission' without such request is not error. Barry v. Schmidt, 57 Wis., 172. This is a…
2Cases cited16 opinions
- Willer v. BergenthalWisconsin Supreme Court · 1880
- Cannon v. BarryMississippi Supreme Court · 1881
- Robinson v. . KimeNew York Court of Appeals · 1877
- Dickinson v. JonesSupreme Court of Georgia · 1867
- Jackson ex dem. Church v. BrownsonNew York Supreme Court · 1810
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Dietz v. City of NeenahWisconsin Supreme Court · 1895
- Farmer v. St. Croix Power Co.Wisconsin Supreme Court · 1903
- Disch v. TimmWisconsin Supreme Court · 1898
- Poole v. Union Trust Co.Michigan Supreme Court · 1916
- Gevers v. SchwarzWisconsin Supreme Court · 1932
12 more not listed; retrieve them via the Exa API.