Edwards v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green Lal&e County. Action to recover damages for the alleged wrongful, fraudulent and forcible taking of a horse by the defendant from the possession of the plaintiff. Answer: first, a general denial; second, that the defendant purchased the horse of the plaintiff, and that the plaintiff delivered the horse to him pursuant to the contract of purchase.
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APPEAL from the Circuit Court for Green Lal&e County. Action to recover damages for the alleged wrongful, fraudulent and forcible taking of a horse by the defendant from the possession of the plaintiff. Answer: first, a general denial; second, that the defendant purchased the horse of the plaintiff, and that the plaintiff delivered the horse to him pursuant to the contract of purchase. The jury, by direction of the court, found for the plaintiff, and assessed his damages at $110; and from a judgment pursuant to the verdict, the defendant appealed. The case is further stated in the opinion.
1Opinion of the CourtLyoN, J.
By. directing the jury to find for the plaintiff, the court necessarily held that the evidence conclusively established his right to recover.
The bill of exceptions is not certified to contain all of the evidence; and it is firmly settled by repeated adjudications of this court, that, in the absence of such certificate, we cannot review on appeal the rulings of the court below on any mere question of fact.
Error will not be presumed. On the contrary, all reasonable presumptions are in favor of regularity. ' Hence, without the testimony, and the whole of it, before us, we must presume that it…
2Cases cited1 opinion
- Kollock v. City of Stevens PointWisconsin Supreme Court · 1875
3Cited by3 opinions
- Bautz v. AdamsWisconsin Supreme Court · 1907
- Heer v. Warren-Scharf Asphalt Paving Co.Wisconsin Supreme Court · 1903
- Heer v. Warren-Scharf Asphalt Paving Co.Wisconsin Supreme Court · 1903