Remington v. Bailey
Wisconsin Supreme Court
ERROR to the Circuit Court for Dane County. Action to recover a lot of timber alleged to have been lawfully taken and detained by the defendant. The plaintiff testified that he got out the timber under a written contract made by Mm with one Falkner for building a barn, and that the contract had been mislaid and he did not know where it was. The case is otherwise sufficiently stated in the opinion of the court.
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ERROR to the Circuit Court for Dane County. Action to recover a lot of timber alleged to have been lawfully taken and detained by the defendant. The plaintiff testified that he got out the timber under a written contract made by Mm with one Falkner for building a barn, and that the contract had been mislaid and he did not know where it was. The case is otherwise sufficiently stated in the opinion of the court. The evidence offered by the defendant on the examination of the plaintiff, was improperly admitted, no foundation having been laid for it either in the answer or in the evidence before…
1Opinion of the Court
By the Court,
Dixon, C. J.
This was a suit in the nature of an action of trespass, brought by the plaintiff in error against the defendant in error, to recover damages for the taking and conversion of a quantity of square timber and braces, which had been prepared as the frame of a bam, and some planks and unwrought timber. The complaint was in the usual form of complaints in such actions. The answer was a general denial of each and every allegation con-*334“-^he complaint. Upon the trial on the circuit, before tbe court and a jury, tbe plaintiff appeared and testified as a witness in his own…
2Cases cited1 opinion
- State Bank v. DuttonWisconsin Supreme Court · 1860
3Cited by5 opinions
- Clemens v. ClemensWisconsin Supreme Court · 1871
- James v. Van DuynWisconsin Supreme Court · 1878
- L. Marrinan & Bro. v. KnightSupreme Court of Oklahoma · 1898
- Louisville & Nashville Railroad v. CollinsworthSupreme Court of Florida · 1903
- Corry v. SheaWisconsin Supreme Court · 1910