Legal Opinion

Bruheim v. Stratton

Wisconsin Supreme Court

Decided February 21, 1911PublishedCited by 9 opinions

Appeal from a judgment of the circuit court for Douglas county: A. J. Vinje, Circuit Judge. This action was brought to recover for timber cut on land in Minnesota and for treble damages under the Minnesota statute.

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Appeal from a judgment of the circuit court for Douglas county: A. J. Vinje, Circuit Judge. This action was brought to recover for timber cut on land in Minnesota and for treble damages under the Minnesota statute. The court sustained an objection to any evidence under the complaint, and denied a motion to amend the complaint hy increasing the ad damnum clause and pleading the common law of Minnesota as to measure of damages in actions for conversion and to withdraw allegations as to treble damages. The court denied motion to amend for want of power and ordered judgment dismissing the action.…

1Opinion of the CourtKeewxN, J.

Tbe complaint in this action stated that the plaintiff was the owner of certain lands in Minnesota and that between November, 1903, and March, 1904, the defendant unlawfully and wrongfully entered upon said land and without authority wilfully and wrongfully cut standing live-timber growing thereon, and wilfully and wrongfully took and carried the same away and converted the same to his own use,, to the great injury and damage of the plaintiff, and further alleged the value of said timber converted, and demanded judgment for that amount and also treble said amount as-damages under the…

2Cases cited9 opinions

  1. Manning v. School District No. 6Wisconsin Supreme Court · 1905
  2. Emerson v. NashWisconsin Supreme Court · 1905
  3. Morse v. GilmanWisconsin Supreme Court · 1863
  4. Franey v. WarnerWisconsin Supreme Court · 1897
  5. Phillips v. CarverWisconsin Supreme Court · 1898

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Laun v. KippWisconsin Supreme Court · 1914
  2. L. B. Menefee Lumber Co. v. MacDonaldOregon Supreme Court · 1927
  3. Duffy v. ScottWisconsin Supreme Court · 1940
  4. Frechette v. RavnWisconsin Supreme Court · 1911
  5. Hafemann v. SeymerWisconsin Supreme Court · 1926

4 more not listed; retrieve them via the Exa API.

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