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138 Wis. 38

Duffy v. Radke

Wisconsin Supreme Court

Decided February 16, 1909

Wisconsin Supreme Court · decided 1909-02-16

T'aeRANt, Circuit Judge. Tbe plaintiffs, a firm of attorneys at Eond du Lae, commenced an action, at tbe request of tbe defendant, in the circuit court for Sheboygan county, to set aside deeds from tbe sheriff of Sheboygan county to M. Winter Lumber Company and from this company to Cudahy Bros. Company. The case was prosecuted to a judgment in favor of the defendant in this action.

Key passage — most relied on by later courts

““The contention that the court erred in the admission of evidence to impeach the defendant cannot be sustained. The record shows that a foundation for the reception of such evidence was properly laid by showing that the witnesses based their conclusions upon their knowledge of defendant’s general reputation among those with whom he resided, and the form of inquiry was properly restricted to the inquiry whether, in view of defendant’s general reputation for truth and veracity, the witness would believe him under oath.””

quoted by 1 later decision, including State v. Baker

Relies on Howard v. Beldenville Lumber Co.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1909-02-16

How this case has been cited

Cited by 5 later decisions — most recently April 1962

1 federal appellate · 4 state decisions

201909191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Siebecker, J.

¶1The contention that the court erred in the admission of evidence to impeach the defendant cannot be sustained. The record shows that a foundation for the reception of such evidence was properly laid by showing that the witnesses based their conclusions upon their knowledge of defendant’s general reputation among those with whom he resided, and the form of inquiry was properly restricted to the inquiry whether, in view of defendant’s general reputation for truth and veracity, the witness would believe him under oath.

¶2It is also claimed that the verdict is not supported by the evidence. This contention is met by the evidence of the plaintiff McCrory. He testifies that the services were rendered, as alleged, under an agreement with defendant to act as his attorneys in the action in circuit and supreme courts, that they were not fully paid, and that the charges were for services actually and necessarily rendered in the prosecution of the case to final judgment. It is not necessary to restate the various items of services so testified to to show that the amount awarded by tire jury did not exceed the amount of the *41balance claimed by the plaintiffs. The motion for a new trial, specifying that the verdict is contrary to the law and the evidence, does not raise the question of excessive damages. To raise this question the motion must specifically assign that ground. Howard v. Beldenville L. Co. 134 Wis. 644, 114 N. W. 1114. The trial eourt properly awarded judgment for the amount found by the jury.

¶3By the Oowrt. — Judgment affirmed.

Kerwin, J., took no part.
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