Legal Opinion

Williams v. Ready

Wisconsin Supreme Court

Decided October 9, 1888PublishedCited by 1 opinion

APPEAL from the County Court of Fond du Lao County. The following statement of the case was prepared by Mr. Justice Oassoday: This action was commenced in justice’s court. The com-. plaint alleges, in effect, that October 16, 1886, the defendant’s goat, boy, and dog wrongfully and unlawfully entered upon the plaintiff’s close described, and ate up and trod down his corn and grass therein, and chased and worried his cattle thereon; to his damage, etc.

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APPEAL from the County Court of Fond du Lao County. The following statement of the case was prepared by Mr. Justice Oassoday: This action was commenced in justice’s court. The com-. plaint alleges, in effect, that October 16, 1886, the defendant’s goat, boy, and dog wrongfully and unlawfully entered upon the plaintiff’s close described, and ate up and trod down his corn and grass therein, and chased and worried his cattle thereon; to his damage, etc. On the return day the defendant appeared, and answered orally, and the same was entered in the docket of the justice as follows: “Defendant…

1Opinion of the CourtCassoday, J.

“ At the time of joining issue in an action . . . for the recovery of damages for an involuntary trespass, any defendant may offer in writing to permit the plaintiff to take judgment against him for the sum, damages, or thing stated in said offer, with costs. If the plaintiff accept such offer, he shall make such acceptance in writing, and such offer and acceptance shall be filed with the justice.” Sec. 3627, R. S. “ If the plaintiff do not accept such offer, it shall be deemed withdrawn; . . . but if the plaintiff fail to recover a more favorable judgment than he would have done by accepting…

2Cases cited1 opinion

  1. Kellogg v. PierceWisconsin Supreme Court · 1884

3Cited by1 opinion

  1. State v. MarionneauxSupreme Court of Louisiana · 1907

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