Newell v. Smith
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Walworth County. Action for damages to plaintiff’s land, alleged to have been caused by defendants’ dam. The dam in question was tbe same mentioned in the foregoing case of Ooib and another v. Smith and others. The only question raised by the record herein, not considered and determined in that cause, is sufficiently stated in the opinion. The defendants appealed from a judgment in fayor of the plaintiff.
1Opinion of the CourtCole, J.
We are of tbe opinion that there must be. a new trial in this case on account of the admission, against the ob1 jection of' the defendants, of improper testimony to prove title in the plaintiff. For the purpose of showing title in himself to the land flowed, the plaintiff offered in evidence a bundle of papers purporting to be copies or' transcripts from the record of some ten deeds. These several deeds were fastened together in one bundle by means of brass fasteners, and there was annexed to tbe bundle a certificate of the register of deeds of Rock county that he bad compared the copies with…
2Cases cited2 opinions
- Knowlton v. RayWisconsin Supreme Court · 1856
- Dill v. WhiteWisconsin Supreme Court · 1875
3Cited by3 opinions
- Sherburne v. RodmanWisconsin Supreme Court · 1881
- Fischbeck v. MielenzWisconsin Supreme Court · 1903
- City of Portland v. BesserOregon Supreme Court · 1882