Du Pont v. Davis
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Ejectment. A former decision of this court in the.same' cause, on appeal from a judgment of nonsuit, is reported in 30 Wis., 170, 178. The original answer contained: 1. A general denial. 2. An allegation that defendant claimed title»to the-premises under one Clark, who entered into possession March 13, 1850, under claim of title exclusive of any other right, founding his claim upon a conveyance from one Sylvester Pet-tibone,…
Read the full summary
APPEAL from the County Court of Milwaukee County. Ejectment. A former decision of this court in the.same' cause, on appeal from a judgment of nonsuit, is reported in 30 Wis., 170, 178. The original answer contained: 1. A general denial. 2. An allegation that defendant claimed title»to the-premises under one Clark, who entered into possession March 13, 1850, under claim of title exclusive of any other right, founding his claim upon a conveyance from one Sylvester Pet-tibone, dated on the day last named, and recorded two days thereafter, as being a conveyance of said premises, and that there…
1Opinion of the CourtRyan, C. J.
This cause was before the court upon a non-suit of the plaintiff, reversed and remanded for trial, in 30 Wis.r 170. It comes here now on judgment after trial. And we are now urged for the appellant to review the decision of the court on the nonsuit. If the doctrine of that decision were wrong, we could reconsider it in another cause, but we cannot in this cause. In this case it is res adjudícala, binding the parties and the court. This is the settled law of this court. Parker v. Pomeroy, 2 Wis., 112; Downer v. Cross, id., 371; Cole v. Clark, 3 id., 323; Wright v. Sperry, 25 id., 617; Noonan…
2Cases cited11 opinions
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Lombard v. CowhamWisconsin Supreme Court · 1874
- Adams v. FilerWisconsin Supreme Court · 1859
- Parker v. PomeroyWisconsin Supreme Court · 1853
- Dewey v. HoagNew York Supreme Court · 1853
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Dodge v. GaylordIndiana Supreme Court · 1876
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Hammel v. Queen Insurance Co. of London & LiverpoolWisconsin Supreme Court · 1880
- Pepper v. O'DowdWisconsin Supreme Court · 1876
- Dale v. HunnemanNebraska Supreme Court · 1881
23 more not listed; retrieve them via the Exa API.