Lewis v. Prien
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. G. SiebecKER, Circuit Judge. Action of ejectment. The correct location of the south boundary line of lot 8, block 4, of Brooks’ addition to the city of Madison, was the disputed question, and that turned on the proper location of the southeast corner of the lot.
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Appeal from a judgment of the circuit court for Dane county: E. G. SiebecKER, Circuit Judge. Action of ejectment. The correct location of the south boundary line of lot 8, block 4, of Brooks’ addition to the city of Madison, was the disputed question, and that turned on the proper location of the southeast corner of the lot. The following is a diagram of the block, with the property owned by the respective parties and the disputed land designated thereon: At the close of the evidence there was a motion by plaintiff’s attorneys for the direction of a verdict in his favor,, which was denied and…
1Opinion of the CourtMa-rsttat.t., J.
Did the court err in 'refusing the motion to-direct a verdict for plaintiff? That depends on whether the evidence was all one way to the effect that when the original survey was made the disputed corner was established and the stake set at the point claimed by appellant. The invariable rule governing such cases is too well known to need.more than a statement of it here, were it not for the fact that the force of such rule does not appear to be appreciated by the learned counsel for appellant. When a motion- is made to direct a verdict for one party, the court is called upon to say, taking'…
2Cases cited15 opinions
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Elliott v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1893
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- Kielich v. WhittakerWisconsin Supreme Court · 1924
- Nicoud v. WagnerWisconsin Supreme Court · 1900
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