Rogers v. Brightman
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, BAD AX COUNTY. This action was commenced in Crawford county, and from thence removed to Bad Ax county for trial. It was commenced by Rogers as surviver of Tuttle& Rogers, and averred that Myron Tuttle in his lifetime, and the plaintiff, were possessed of about three thousand pine saw logs in the Kickapoo river, near Brightman’s mill, and of the value of $‘5,000, and that the defendants wrongfully detained the same, &c.
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APPEAL PROM CIRCUIT COURT, BAD AX COUNTY. This action was commenced in Crawford county, and from thence removed to Bad Ax county for trial. It was commenced by Rogers as surviver of Tuttle& Rogers, and averred that Myron Tuttle in his lifetime, and the plaintiff, were possessed of about three thousand pine saw logs in the Kickapoo river, near Brightman’s mill, and of the value of $‘5,000, and that the defendants wrongfully detained the same, &c. The defendants answered, confessing the partnership; that Tut-tle in his lifetime had the logs in the Kickapoo river, and of the value of $5,000; but…
1Opinion of the Court
By the Court,
Paine, J.
This action was brought by the plaintiff as surviving partner of the firm of Tuttle & Rogers, to recover possession of a quantity of logs. The defense set up was that the defendants had possession of the logs under a contract made with Tuttle, the' deceased partner, by which he delivered to them about five thousand logs at at their mill, which they were to manufacture into lumber, sell and pay themselves out of the proceeds, at the rate of $5 per 1000 feet, for sawing.
The parties were both sworn, and when one of the defendants was examined, his counsel sought to prove by…
2Cases cited4 opinions
- Ellicott v. TurnerCourt of Appeals of Maryland · 1853
- Abbott v. DraperNew York Supreme Court · 1847
- Broadwell v. GetmanNew York Supreme Court · 1846
- Westfall v. ParsonsNew York Supreme Court · 1853
3Cited by11 opinions
- Campbell v. CampbellWisconsin Supreme Court · 1882
- Treat v. HilesWisconsin Supreme Court · 1887
- Railway Co. v. WhitleySupreme Court of Arkansas · 1891
- Conway v. MitchellWisconsin Supreme Court · 1897
- Heffleman v. Pennington CountySouth Dakota Supreme Court · 1892
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