Legal Opinion

Joseph Dessert Lumber Co. v. Wadleigh

Wisconsin Supreme Court

Decided May 16, 1899PublishedCited by 7 opinions

EeeoR to review a judgment of the circuit court for Marathon county: W. 0. Silverthorn, Circuit Judge. The complaint in this action, omitting the formal allegations, is as follows: “That during the winter of 1896 and 1897, the defendant unlawfully, and with force, broke and entered upon the plaintiff’s land in the county of Marathon and state of Wisconsin, known and described as follows, to wit: Lots 6 and 16 of section 18 in township 26 north, of range 9 east, and there cut…

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EeeoR to review a judgment of the circuit court for Marathon county: W. 0. Silverthorn, Circuit Judge. The complaint in this action, omitting the formal allegations, is as follows: “That during the winter of 1896 and 1897, the defendant unlawfully, and with force, broke and entered upon the plaintiff’s land in the county of Marathon and state of Wisconsin, known and described as follows, to wit: Lots 6 and 16 of section 18 in township 26 north, of range 9 east, and there cut down and carried away trees and timber belonging to the plaintiff, of the value of $170, and converted and disposed of…

1Opinion of the CourtBaRdeen, J.

While it is true that the Code has abolished the distinctions between actions at law and suits in equity, and has provided that there shall be but one form of action *320for the enforcement and protection of private rights and the redress and prevention of private wrongs, yet there still exist certain elements or features pertaining to actions which are unchanged thereby. These do not belong to the action as a judicial instrument for establishing a right, but inhere to and belong to the primary and remedial rights themselves. For the enforcement and protection of these rights but one form of…

2Cases cited4 opinions

  1. Supervisors of Kewaunee County v. DeckerWisconsin Supreme Court · 1872
  2. Pierce v. CareyWisconsin Supreme Court · 1875
  3. Merriman v. McCormick Harvesting Machine Co.Wisconsin Supreme Court · 1893
  4. Tuttle v. WilsonWisconsin Supreme Court · 1881

3Cited by7 opinions

  1. Bieri v. FongerWisconsin Supreme Court · 1909
  2. Bruheim v. StrattonWisconsin Supreme Court · 1911
  3. Haskins v. AndrewsWyoming Supreme Court · 1904
  4. North Side Loan & Building Society v. NakielskiWisconsin Supreme Court · 1906
  5. Green Bay & Mississippi Canal Compact v. Kaukauna Water Power Co.Wisconsin Supreme Court · 1901

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