Cotton v. Watkins
Wisconsin Supreme Court
ERROR TO THE MILWAUKEE CIRCUIT COURT. Tbis was an action of trespass de ionis asportatis by defendant in error, the declaration being in tbe usual form. The defendant below pleaded two pleas: 1st. Won oul. 2d.
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ERROR TO THE MILWAUKEE CIRCUIT COURT. Tbis was an action of trespass de ionis asportatis by defendant in error, the declaration being in tbe usual form. The defendant below pleaded two pleas: 1st. Won oul. 2d. That the goods and chattels in the declaration mentioned, were not at the said time when &c., nor are they now the property of the said plaintiff in manner and form as alleged, concluding to the country, and gaye notice of the recovery of a judgment in the district court, U. S., on the 4th'August, 1853, in favor of Mussey and Bazin against Ira A. Hopkins, the issuing of an execution…
1Opinion of the Court
By the Court,
WnrroN, C. J.
The bill of exceptions in this case shows that the only exception taken to the ruling of the. judge at the trial, was in relation to the admission in evidence of the assignment of the mortgage to the plaintiff below. It appears that the defendant below, Cotton, requested the judge to instruct the jury that the plaintiff was not entitled to maintain the action upon the testimony, and that the judge “ omitted and neglected” so to charge the jury. But it does not appear that any exception was taken to this omission of the judge. It appears also that the defendant below…
2Cited by7 opinions
- Lowe v. WingWisconsin Supreme Court · 1882
- Sullivan v. Minneapolis, St. Paul & Sault Sainte Marie Railway Co.Wisconsin Supreme Court · 1918
- Huebner v. KoebkeWisconsin Supreme Court · 1877
- Musgat v. PumpellyWisconsin Supreme Court · 1879
- Beebe v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1908
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