Wille v. Bartz
Wisconsin Supreme Court
APPEAL from the Circuit Court for Booh County. The plaintiff brought her action in justice’s court against the defendants, Julius Bartz and David Green, for trespass on her freehold in Pulton, Rock county, lying on and along the east side of the public highway, in breaking down and removing a certain gate thereon between her lands and the-lands of her husband immediately adjoining on the south, and lying on and along said highway.
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APPEAL from the Circuit Court for Booh County. The plaintiff brought her action in justice’s court against the defendants, Julius Bartz and David Green, for trespass on her freehold in Pulton, Rock county, lying on and along the east side of the public highway, in breaking down and removing a certain gate thereon between her lands and the-lands of her husband immediately adjoining on the south, and lying on and along said highway. The defendants,, after setting up various matters in defense, interposed a plea of title to the locus in quo, and thereupon the action was certified to the circuit…
1Opinion of the CourtPinkey, J.
1. The finding of facts upon questions depending upon the weight of evidence, or upon what it establishes, will not be disturbed where the bill of exceptions does not show that it contains all the evidence given at the trial (Daskam v. Beemer, 64 Wis. 13); and exceptions to the finding as to the facts are not available on appeal unless incorporated in the bill (Hoey v. Pierron, 67 Wis. *428263; Koenigs v. Jung, 73 Wis. 178). In such cases the only question in this court is whether the pleadings and findings sustain the judgment. Blossom v. Ferguson, 13 Wis. 76; Cramer v. Hanaford, 53 Wis. 85;…
2Cases cited8 opinions
- Brill v. . BrillNew York Court of Appeals · 1888
- Cramer v. HanafordWisconsin Supreme Court · 1881
- Edleman v. KiddWisconsin Supreme Court · 1885
- Koenigs v. JungWisconsin Supreme Court · 1888
- Whaley v. JarrettWisconsin Supreme Court · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Newton v. WilliamsWisconsin Supreme Court · 1896
- Greve v. CaronMichigan Supreme Court · 1925
- Dyer v. WalkerWisconsin Supreme Court · 1898
- Optenberg v. SkeltonWisconsin Supreme Court · 1901
- Kretschmar v. BrussWisconsin Supreme Court · 1900
8 more not listed; retrieve them via the Exa API.