Edmiston v. Garrison
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. Action by Charles and Burton Minister against Garrison, Jackson and Worthington, partners under the name of Orestes Garrison & Go.
Read the full summary
APPEAL from the Circuit Court for Wood County. Action by Charles and Burton Minister against Garrison, Jackson and Worthington, partners under the name of Orestes Garrison & Go. The complaint was in substance as follows : In the winter of 1856 — 7, plaintiffs entered into an oral contract with defendants (who were the owners of a saw mill on the Wisconsin river in said county), by which the latter agreed to fit up their mill, and put it in good running order, ready for sawing by the first water in the spring of 1857, and to furnish all necessary tools and implements for running the mill.…
1Opinion of the Court
By the Court,
Dixow, C. J.
We think the defendants’ counsel mistaken when he says that the verdict is unsupported by evidence. The evidence is not very clear, it is true, but if the jury found for the plaintiffs all the items testified to by the plaintiff Charles Fdmister, and then deducted the account of the defendants, for which no claim is made in the answer, still the verdict is supported. But the rule is, where the party seeks to set aside the verdict because it is unsupported by evidence, that the want of evidence must be clearly made out. Where the evidence is conflicting or doubtful, or…
2Cited by10 opinions
- Wolfgram v. Town of SchoepkeWisconsin Supreme Court · 1904
- Schlosser v. Allis-Chalmers Corp.Wisconsin Supreme Court · 1974
- McBean v. StateWisconsin Supreme Court · 1892
- Keith v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Van Doran v. ArmstrongWisconsin Supreme Court · 1871
5 more not listed; retrieve them via the Exa API.