Roebke v. Andrews
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action by Amandus Roebke against George R. Andrews, for an amount alleged to be due on the purchase money of a yoke of oxen which the plaintiff avers that he sold and delivered to defendant, January 15, 1868. The defense was, that the plaintiff never owned the oxen, and that the defendant never purchased them.
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APPEAL from the Circuit Court for Winnebago County. Action by Amandus Roebke against George R. Andrews, for an amount alleged to be due on the purchase money of a yoke of oxen which the plaintiff avers that he sold and delivered to defendant, January 15, 1868. The defense was, that the plaintiff never owned the oxen, and that the defendant never purchased them. Plaintiff testified that he bought the oxen in question of one Elmer, and paid - his own money for them; that he took them home and kept them on his farm one year ; that defendant sent out a man named Speck,' to buy the cattle, and…
1Opinion of the CourtPaine, J.
The fact that the statements of the plaintiff that he had bought the cattle, were called out on cross-examination by the defendant’s counsel, is a sufficient answer to any claim of error in admitting those statements in evidence. The only question presented in respect to them is, whether there was error in refusing the instruction asked by the defendant that “the *317mere statements of the plaintiff to his father, mother, sister or neighbors, as to the ownership of those cattle, in the absence- of the defendant, are no evidence of title in this case.” This involves the question, to what extent…
2Cases cited51 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Stroud v. SpringfieldTexas Supreme Court · 1866
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
- Hogsett v. EllisMichigan Supreme Court · 1868
- Printup v. MitchellSupreme Court of Georgia · 1855
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3Cited by31 opinions
- Brewer v. CochranCourt of Appeals of Texas · 1907
- Knight v. KnightIllinois Supreme Court · 1899
- Allen v. AllenWisconsin Supreme Court · 1883
- National State Bank of Mt. Pleasant v. RickettsCourt of Appeals of Texas · 1912
- Cuddy v. ForemanWisconsin Supreme Court · 1900
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