Legal Opinion

Mariner v. Pettibone

Wisconsin Supreme Court

Decided November 2, 1861PublishedCited by 3 opinions

APPEAL from the Circuit Court for Milwaulcee County. This appeal was taken by the plaintiff from a judgment for the defendant The case is stated by the court.

1Opinion of the Court

By the Court,

Cole, J.

In this case both parties were examined as witnesses.

The court was requested to instruct the jury that when the testimony of the plaintiff and defendant conflicted, they were to be governed, in determining .the weight to be given to the testimony of the interested parties, by the same rules by which they determined the weight to be given to the conflicting evidence of disinterested witnesses.

This instruction the court refused to give, but charged the jury that when the testimony of the plaintiff and defendant was contradictory, the usual rules for determining the weight…

2Cited by3 opinions

  1. County of Logan v. McKinley-Lanning Loan & Trust Co.Nebraska Supreme Court · 1903
  2. Sickle v. WolfWisconsin Supreme Court · 1895
  3. In re Racine County Court Order Against ReynoldsWisconsin Supreme Court · 1973

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