Volume 25 — Wisconsin Reports

Upon a settlement of the accounts of the executor of the estate of Charles McCoy, deceased, it appeared that, after payment of the debts of the estate, and of all specific legacies mentioned in the will except certain conditional legacies of $500 each to Charles Dudley and C. McCoy Clark, there was a balance of $1,895, to be distributed pro rata among the several legatees, as directed by the will.

Ejectment, commenced in 1867, for an undivided half of two forty-acre tracts. Complaint in the ordinary form. Answer : 1. A general denial. 2. Possession and occupancy for ten years under claim of title, exclusive of any other right, founded upon a written instrument. 3.

Action upon an acceptance by the defendants of a draft for $283.45, drawn upon them June 23, 1864, by one Fisk, in favor of the plaintiff.

Action upon a note by which the defendants, for “value received,” promised “to pay and deliver” to the plaintiff or bearer, on the 1st of July, 1865, 25,000 feet of good merchantable pine lumber, in the Chippewa river, at Eau Claire. The only issue, at the trial, was as to the amount of damages.

The complaint alleges, in substance, 1. That the city of Watertown in 1853, pursuant to law, executed and delivered to the Milwaukee & Watertown Eailroad Company its bonds to the amount of $80,000, in aid of the construction of said railroad; that the company indorsed upon said bonds its written guaranty of pay-mpnt of the principal and interest, &c. 2.

Action against the defendant as an innkeeper, for the loss of a shawl belonging to plaintiff, and alleged to have been lost while one Herrick, plaintiff’s agent, was a guest at defendant’s inn, having the shawl with him as a part of his baggage.

William N., John, George A., Byron, James H. and Sarah Snyder, John Losee, and Dorliska Northrop {née Snyder), appealed from the award of commissioners appointed to appraise the damages to certain lands (which they claimed to own) by the construction of defendant’s railway across the same.

Foreclosure of mortgage of one hundred and sixty acres of land, executed February 7,1854, by one Eliza McCune to the Milwaukee & Horicon Railway Company, and subsequently, before due, negotiated to the plaintiff. In 1849, Jane McCune, owning a warrant for 160 acres of land, requested her brother, John McCune, to enter for her the land here in question; and he did enter it with said warrant, but in his own name.

Trespass guare clausum. Anfewer, biglxway. On tiie 6th of October, 1865, plaintiff owned a certain tract of land, of which the premises in dispute are a part. On the 9th of the same month he deeded an undivided half of said tract to one Bundy and one Gardner, and on the 16th of November following, they redeeded it to Mm, and he continued to own it until the commencement of this suit.

<p>APPEAL from the Circuit Court for Winnebago County.</p>

This was au action commenced in this court, under tbe statute, to determine the right of the respondent to the office of district attorney of Pierce county. The-cause was sent to the circuit court for that county, for a trial of the issues of fact. The jury found certain facts, the substance of which is stated in the opinion, infra. The relator thereupon moved for judgment in his favor.

Chapter 136 of the General Laws of 1868' provides, among other things, as follows : * “ Section 1.

The charter of the city -of Milwaukee (enacted in 1852) in its fifth chapter, relating to “finances and taxation,” provided that the common- council might annually levy a tax upon all the property in said city subject to taxation, not exceeding one per cent, per annum, to pay off the then existing indebtedness of the city until such indebtedness should be finally extinguished; and might levy a further tax, not exceeding three-fourths of one percent., to defray the current…

' Tliis action was brought in March, 1868, to recover the sum of $1,075, with interest, etc. The summons was served upon, one Jones, an attorney and agent of the defendant, who appeared in the action as snch attorney, and tendered the bond required, and applied, by verified petition, for a removal of the canse to the circuit court of the United States for the district of Wisconsin, upon grounds stated in the opinion, infra.

Chapter 448, Private and Local Laws of 1867, entitled “ An act to authorize the county of Fond du Lac to aid the completion of the Sheboygan and Fond du Lac railroad, and aid the building of a railroad from the city of Fond du Lac to the city of Rip on,” provided, in substance, that an election should be held in said county to determine whether it would render aid to the former road to the amonnt of $90,000, and to the latter to the amount of $60,000 ; and that if a majority…

■ Action to restrain the village of Evansville, and the street commissioner thereof, from conducting the waters of a pond by an artificial ditch ór channel so as to cause them to be discharged upon the plaintiff’s-land.

Croix County. Replevin. The- facts were stipulated as follows : 1. That the plaintiff is owner of the property described in the complaint, and the same is of the value there alleged. 2.

Upon the filing with a justice of the peace of an affidavit of the treasurer of the plaintiff town, dated February 17, 1868, stating that, upon the tax list then in affiant’s possession, there was a tax of $598 assessed upon the personal property of the defendant in said town, and that affiant had demanded payment and was unable to collect said tax (sec. 81, ch. 18, B. S.), the justice caused the defendant to be brought before him and examined on oath, and heard other…

On the 9th of May, 1867, darter and Hayden executed and delivered to one Cunningham, their joint note for $800, payable to said Cunningham or bearer one day after date, at the office of Jackson & Halsey; and on the same day Cunningham assigned and transferred the note to H. B. Jackson, Esq., of said last-named firm.

Section 120, ch. 19, R. S., provides- that “if any damage shall happen to any person, his team, carriage, or other property, by reason of the insufficiency or want of repairs of any bridge, or sluice-way, or road, in any town in this state, the person sustaining such damages shall have a right to sue for and recover the same against such town in any court having jurisdiction thereof.” The complaint in this action alleges, in substance, that, on, etc., plaintiff’s horses,…

Iu November, 1867, the defendant company issued to the plaintiffs a policy of insurance against fire, upon machinery in their ’“steam power stave factory,” at Wrightsville, in Brown county, in this state.

The premises known as the “Yilas House,” in the city of Madison, were held by one Dutcher from the plaintiff, under a lease which was to expire on the first of October, 1864; and in April, 1864, with plaintiff’s consent, Butcher’s interest under the lease was sold and assigned to the defendant, who entered into possession. In October, 1864, the lease was renewed for one year by oral agreement between plaintiff and defendant.

By sundry conveyances in 1846, Cole, Bailey & Co., proprietors of land on the east side of Rock river, in the city of Watertown, in said county, and of a half interest in a dam abutting on said land, and in the water power thereby created, conveyed portions of their said land, and certain specified amounts of water, to Reed & Green, to one Hamlin, and to one Acker; and each of these deeds contained a clause, declaring that said grantors “reserve the exclusive right to…

Section 23, art. iv of the constitution of this state provides, that “the legislature shall establish but one system of town and county government, which shall be as nearly uniform as practicable.” Section 2, ch. 13 of the Revised Statutes, provides that “each organized county within this state shall be a body politic and corporate, and as such shall be empowered * * *, 4.

<p>Tax Titles, Action, to bar claim of original owner, under ch. 22, Lanes of 1859, as amended by ch. 13, Laws of 1860 — Effect of deed based on a sale in 1857 — Deposit.</p> <p>1. In case of a tax sale in 1857, and deed tliereon issued in 1865, if the grantee brings an action under ch. -22, Laws of 1859, he waives the conclusive effect of his deed as evidence given by the act in force in 1857, and can claim for it only the force allowed by the act of 1859</p> <p>2. The original owner, in such a case, can set up mere irregularities in the tax proceedings, only on condition of depositing the full sum required by sec. 38 of said ch. 22, as amended by chapter 13, Lams of 1860.</p>

The defendant appealed from a judgment in favor of . the plaintiff. The grounds of appeal will appear from the opinion. to the point that the affidavit for publication of summons must state facts showing a cause of action, cited Slocum v. Slocum, 17 Wis. 150 (151); Rankin v. Adams, 15 id. 292 (294); R. S. ch. 124, § 10.

<p>GeímostaIi Law. Effect of a general verdict of “ guilty.”</p> <p>1. A general verdict of “ guilty ” in a criminal action is a finding of the truth of all the material averments of the indictment, constituting the offense charged, including the averment of value, when that is material.</p> <p>2. Thus, where the statute defines different grades of larceny, with different penalties, according to the value of the goods stolen, such a verdict, without any special finding as to the value, will sustain a conviction for the grade of offense charged in the indictment.</p> <p>3. But if the court had given the jury to understand that they might find such a verdict without regard to the value of the goods stolen (the charge being properly excepted to), the verdict kould be set aside.</p>

The. plaintiff in error was found guilty under an indictment found in said'court, and brings this action to reverse the judgment rendered upon the verdict.

TRe plaintiff in error sougRt by tRe action Rere to reverse a judgment against Rim for bigamy. TRe question upon wRicR tRe cause turned in tRis court will sufficiently appear from tRe opinion. Reference is tRerein made to certain admissions of the accused.

The plaintiff in error .brings this suit to reverse a judgment against him in a criminal action in the court below. The nature of that action and the errors alleged will sufficiently appear from the opinion. to the point that the indictment was bad for duplicity, cited 1 Bishop’s Crim. Procedure, 189-; Greenlow v. The State, 4 Humph. 25; State v. Nelson, 8 N. H. 163 ; Miller v. State, 5 How.

EBBOB to the Circuit Court for Crawford County. The plaintiff in error was indicted for murder. The allegations of the several counts in the indictment, and the charge of the court, are recited sufficiently in the opinion. Yerdict, “Guilty of murder in the third degree.” * The errors assigned are: 1. The refusal of the court to compel the district attorney to elect upon which count in the indictment he would proceed. 2.

Section 2, ch.. 25 of the acts of the 37th congress, second session (12 U. S. Statutes at Large, 339), enacts: “That the fifth section of the act of twenty-eighth September, 1850, providing for the discharge from the service of minors enlisted without the consent of their parents or guardians, be and the same hereby is repealed ; provided, that, hereafter, no person under the age of eighteen shall be mustered into the United States service ; and the oath of enlistment taken…

<p>Cbimxnal Law. — Ewdenee.</p> <p>In an indictment, under sec. 40, cli. 164, R. S., for unlawfully knowing and abusing a female child under the age of ten years, the fact of penetration may he found by the jury from circumstances, without direct proof.</p>

This was an action (brought in this court) to try title to the office of district attorney for Dane county.

The plaintiff in error was indicted with, one Ross for breaking and entering a store in the night-time with intent to steal, and actually stealing, therefrom certain goods, and was convicted of the offense. The goods were taken about August 4, from a store at Mazomanie, in Dane county. Part of the goods were found concealed in Mazomanie.

The plaintiff was appointed, by the county court of Rock county, in this state, administrator of the estate of Mary P. Whiton, deceased, and in that capacity he brought this action, in September,… Held: that, on the facts of that case, the defendant was entitled to an immediate removal, and the judge had no discretion to withhold it. 2. The order should be reversed. (a) The act under which the application was made is unconstitutional. Moseley v. Chamberlain, 18 Wis. 700.

<p>Assignment of judgment — Liability of assignee for costs on appeal. See. 50, ^ ch,. 183, R. S.</p> <p>' Where a judgment has been assigned merely as a collateral security for fees, etc., due the judgment creditor's attorney, such creditor still retaining a right to any balance of the proceeds, the assignee will not be required to pay the costs on appeal, under sec. 50, ch. 138, R. S. Otherwise, where the assignment is absolute.</p>

Ejectment, commenced in 1866. Plaintiff claimed under tax deeds, as follows : One made and recorded in April, 1857, upon sale of 1854 for delinquent taxes of 1852; another made and recorded the same day as the one last mentioned, upon sale of 1854 for taxes of 1853 ; and one made and recorded in April, 1858, upon sale of 1854, for taxes of 1851.

At the annual town meeting of the town of Hubbard, in said county, held in April, 1867, a committee of seven freeholders of the town .was appointed, who were directed “to examine Lake street bridge [in said town], repair the same or build a new bridge, as they may [might] think best; the costs and charges of such repairs, or such rebuilding, to be assessed upon the taxable property of the town in the next tax roll, and collected as provided by law.” The committee caused a…

By the first section of an act, approved March 3, 1869, published on the 17th of the same month, and now appearing as chapter 165, Pr. & L. Laws… Held: and must be giyen at least fifteen days before the meeting. The law authorizing the town to vote upon the question of subscribing stock was not published more than ten days before the meeting. If a notice was given before that time, the electors knew that the object specified was one which they had no legal power to act upon.

Ejectment. The plaintiffs claimed under a tax deed, executed December 13, 1844, (upon a sale made December 12, 1842, for delinquent taxes of that year), by “Wm. M. Dennis, clerk of the board of county commissioners of Dodge county, ' Wisconsin territory,” sealed with the seal of the said board, and not with the private seal of said clerk.

Action for damages for alleged malpractice of the defendant in castrating a colt belonging to the plaintiff, in consequence of which the colt died. Yerdict for the defendant; new trial denied; and plaintiff appealed from a judgment on the verdict.

An act of the legislature, approved February 28,1868, and published on the third of March following, and now appearing as chapter 135, Private and Local Laws of 18.68, declares that the inhabitants of the district of country described and bounded as follows: Tire south half of section eleven, the south-west quarter of section twelve, the west half of section thirteen, the east half of section fourteen, and the north-west quarter of section twenty-four, including the village…

The action below was ejectment by Weinlander against Jensen. Weinlander claimed under a sale made by the commissioners of school and university lands on the 6th of December; 1861, and pnt in evidence the notice of snch sale, the certificate of the sale to himself, and a patent of the land thereafter issued to him by said commissioners, based upon snch sale. The land had been mortgaged to the state to secure a loan from the school fund, and forfeited.

<p>ERROR to the Circuit Court for Ozaukee County.</p>

In April, 1856, Samuel Southard and wife, in consideration of $3,025, the receipt of which is acknowledged, conveyed certain lands to Daniel H. Safford.

This was an action for damages resulting to the plaintiff from defendant’s acts, in wrongfully obstructing a highway adjoining plaintiff’s land. The summons was served December 2,1868, and judgment was taken against defendant, in default of an answer, on the 12th of January, 1869, the damages having been assessed by a'jury at $500.

This was an action to Rave an assessment of a special ‘ ‘ improvement ’ ’ tax upon certain lots in the city of Pond du Lac declared null, and to have a certificate of sale of said lots, in the hands of the city treasurer, surrendered by him to be canceled, and to restrain defendants, etc., from selling certain personal property of- the plaintiff to make the amount of said assessment.

The preceding report of the appeal in this cause from the order overruling a demurrer to the complaint, recites sufficiently the facts alleged in the complaint.

APPEAL' from the Circuit Court for Manitowoc County. Action commenced in February, 1869, against Kirby as principal and the other two defendants as sureties, upon the bond given by Kirby as treasurer of said town, April 7, 1865. The condition of the bond was, that Kirby should faithfully discharge the duties of said office, “and faithfully and truly account.for and pay over, according to law, all moneys” which should come into his hands as such treasurer.

Action by Wolff, as county treasurer of Sheboygan county, against Stoddard, as town treasurer of a certain town therein, and against the sureties on his official bond.

The hoard of supervisors of said' county' having rejected plaintiff’s claim of a certain sum for printing the delinquent tax list for 1868, furnished him for publication by-the treasurer of the county, he brought this action to recover the‘amount of said claim.

Foreclosure of mortgage on land. The defendants appealed from an order overruling their demurrer to the complaint. The question of jurisdiction involved will appear from the opinion.

<p>1. Pkactice: Judgment on demurrer, for whom rendered.</p> <p>2. Pueadihu : One who alleges redemption must show Ms right to redeem.</p> <p>1. On demurrer, judgment will go against tlie party whose first pleading is had in substance.</p> <p>2. In an action under chapter 22, Laws of 1859, plaintiff, who claimed title • under a,tax deed made to his grantor in 1867 for a sale in 1840, claimed also to have redeemed the land in 1863 from several tax sales. This part of the complaint held bad, as not showing any right in plaintiff to redeem in 1863.</p>

This appears to Pare been an action by tlie lessee of a farm against Ms landlord, to recover a balance of accounts ;* and tlie defendant appealed from a judgment against Mm.

The decision of this court upon an appeal from the judgment in this action will be found in 24 Wis. 446-451.* The action was ejectment by Frederic H. Smith; and the defendant Armstrong, upon facts set up in his answer, demanded that upon the payment by him into court of the amount that should be found due upon a certain accounting then prayed for, plaintiff “be required to duly transfer all the [his] right, title and interest” in the premises “by and under” certain quitclaim…

Argali having recovered a judgment in an attachment suit against Champion, before a justice of the peace in said county, the cause was taken to the circuit court by certiorari ; and the judgment was there reversed and all proceedings under it declared void, and judgment was rendered against Argali for costs, etc. Prom this judgment Argali appealed. The questions involved will sufficiently appear from the opinion.

Ejectment, for an undivided three-fourths of forty acres of farming land. Plaintiffs claimed as heirs-at-law of one Patrick Howe, who died seized of the land, apparently in 1850 or 1851. In December, 1858, one James was appointed administrator of the estate of said Patrick Howe, and defendants claim under a sale of the land made by him,' under a license of the probate court, in July, 1859.

This action was commenced in the name of George Baw as plaintiff, by service of a summons for relief in 1864.

Spees and Morrison brought an action before a justice of the peace to recover damages for a trespass by cattle of McNamara. At ten o’clock p. m. of the 20th of August, the jury returned a verdict in favor of the plaintiffs, assessing their damages at $10.

The case is stated sufficiently in the opinion. contended, among other things, that dismissing the writ was equivalent to affirming the judgment of the justice, and that appellant could not complain of the form of the judgment in the circuit court, if he was not entitled to have the justice’s judgment reversed. argued that the appellant was entitled to have the questions which he properly brought before the circuit court passed upon; and that, the judgment having been for…

Action (commenced in La Crosse county in June, 1866) to foreclose a mortgage given by Flint, July 11, 1854, to the -La Crosse & Milwaukee Railroad Company, to secure payment of his note of same date for $200, payable to the order of the company, and due January 1, 1864. The note and mortgage were attached by the railroad company to its own bond (payable to the holder) for the same amount, and transferred therewith.

In February, 1858, the clerk and treasurer of the defendant school district, constituting a majority of the board of directors thereof, entered into a written'contract under seal with the plaintiif, who was then the director of said district, by which contract plaintiff undertook to build a school-house for the district, in accordance with a certain plan and specifications, and to furnish the same by the first of June following, for which he was to receive $453.

Action commenced in a justice’s court February 17, 1869, under secs. 81-87, ch. 18, R. S., as amended by ch. 198, Laws of 1860, to collect a tax levied on personal property assessed against defendant. Judgment was rendered in favor of the defendant on the first of March following.

Tyrrell was committed to the county jail by the. county judge of said county, for contempt in refusing to answer certain questions put to' him in proceedings supplementary to judgment and execution.

Action to recover the value of certain hay alleged to have been sold by plaintiff to defendants. The summons and complaint were served personally upon the defendants, and on the 29th of June, 1868, judgment was taken in default of an answer, for $335, with interest and costs. Execution was issued August 24th, and levied the same day upon pine saw logs belonging to the defendants, and the same were sold September 18th for the full amount of the judgment.

Replevin. Defendant claimed nnder a sale made to Mm by Mrs. Crook, who was then plaintiff’s wife, but had since been divorced from Mm. Mrs. Crook was sworn as a witness for the defense, but the court refused to allow her to testify whether-she was authorized by her husband to sell the property, or whether he assented to the sale, or what disposition was made óf the money received by her for the property.

In March, 1854, Lennan executed a mortgage of about two hundred acres of land in Columbia county, to secure his note to the La Crosse and Milwaukee… Held: therefore, that the plaintiff had no right of redemption against Doty; and rendered judgment accordingly, from which the plaintiff appealed. argued upon the evidence, 1. That Munn’s purchase was clearly nothing but an arrangement for Lennarts benefit. Williamson v. Brown, 15 N. Y. 362 ; Baleer v. Bliss, 39 id. 70. 2.

The principal averments of the complaint are stated in the opinion, infra.

By a contract between the parties to this action, entered into in January, 1869, “ said Ciarle agrees to saw 800,000 feet of lumber for said Clifford, as soon as it can be done, with ordinary diligence after the logs are delivered,” at Clark's mills at the city of Stevens’ Point, “for $2.50 per thousand feet; [said logs] to be sawed as soon as the ice is out of the river sufficiently to run the same with safety, and to deliver them in the boom,” at said mills, “as fast as…

Croix County. Action for a divorce by Chapin Hall against Susan Hall, commenced July 27, 1867.

Ejectment, etc., commenced in 1869. The complaint alleges that since May, 1860, “ plaintiff has been residing upon and in the actual occupancy of the S. E. £ of the N. E. £ of section 36, and the W. £ of the N. W. £, and N. W. £ of the S. W. £ of section 31, of a certain township in said county, containing 160 acres, more or less, and has improvements made and erected thereon of the value of $800,” and that he “has an actual subsisting interest in” said W. £ of the N. W. £…

Ejectment. After the decision of this court upon a former appeal (21 Wis. 331), and after the cause had been remitted for a new trial, the venue was changed to Dane county. The facts proven will sufficiently appear from the former report.

Replevin, for a mare and colt. In January, 1869, Tver Peterson made complaint on oatfi before a justice of tfie peace of Dane county, stating that on tfie 11th of June, 1867, fie was possessed of a certain mare and colt (describing them), and that fie fiad good reason to believe, and did believe, that one John Doe, alias, did, at a time and place specified, feloniously take, etc., said, mare and colt, and that the same were then concealed on the premises of said John Doe,…

Action to recover damages for an alleged malicious prosecution. Tlie essential facts will appear from the opinion.

Action to recover $900 paid upon an oral contract for the sale of land, together with damages resulting to plaintiff from defendant’s neglect to perform the contract on his part.

In January, 1868, the plaintiff district was entitled to receive from the treasurer of the town of Yerona, in said county, $168.32 for school purposes ; and said treasurer gave to the defendant. (whom he supposed to be the treasurer of the district, but who was in fact its clerk) a check for that amount upon the “Farmers’ Bank,” so called, that being the name under which one Slavan was doing business as a banker at Madison, in said county.

'In 1864, commissioners duly appointed awarded $1,026.81 in favor of Mary A. Pomeroy, the present plaintiff’s testatrix, for the value of her land taken for a railroad in 1854, and for damages to other lands adjacent thereto, of which she was also the owner at the time of such taking.

The plaintiff appealed from a judgment dismissing his complaint for want of jurisdiction. Held: that a court of equity should not entertain jurisdiction when an adequate remedy can be obtained in the county court. Batchelder v. Batchelder, 20 Wis. 452; see also Whitney v. Monro, 4 Edw. 5.

The nature of this action and the general character of the judgment therein will be seen from the report in 23 Wis. 230-243, where this court affirms the judgment. It appears further that said judgment provided for the appointment of William H. Lathrop as a receiver, to whom Case was directed to pay over the sum adjudged to be in his hands belonging to certain parties to the action.

<p>Negligence — Nonsuit.</p> <p>In an action for damages to plaintiff's premises by a fire alleged to bave caught, through defendant’s negligence, from one kindled on his land, where the evidence showed that defendant’s fire must have been communicated to plaintiff’s premises (if at all) by combustible material burning unobserVed under ground, and there was no proof that defendant knew the combustible nature of the soil under the surface, or was guilty of negligence in ascertaining that tact, it was not error to grant a nonsuit.</p>

Tyson and two other persons, by their complaint in this action, allege that said Tyson . and one Delos L. Filer were at the several times hereinafter mentioned, .prior to August 13, 1866, copartners under the name of Filer & Tyson; that on said 13th of August Filer sold and transferred to the plaintiffs all his interest in said copartnership, and assigned to them all his interest in the cause of action hereinafter set forth, so far as the same had then accrued; that since…

Ou commencing this action against French and Milter, plaintiff had certain property of the latter attached; and Miller procured the property to be released from the attachment, by giving an undertaking with sureties as provided by statute. An answer to the original complaint was duly filed, and served February 13, 1869 ; and two days afterward the plaintiff served an amended complaint, differing from the former only in the amount of damages claimed.

The plaintiff city brought its action against O’Sullivan, together with one Quinlan, administrator of the estate of William Haney, deceased, James McGrath, surviving partner of said William Haney, and two other persons.

Ejectment (brought in June, 1867), for “twenty-eight feet front and rear in the south-easterly part of lot 2, block 1,” and “the north-westerly twenty-eight feet front and rear of lot 4,” in the same block.

This action was brought by Martin Phelan, as administrator of the estate of Grace Boylan, deceased, and by said Martin and Patrick Phelan, as heirs-at-law of said deceased, against Matthew Boylan and Terence Cook, and their wives. The facts alleged and the relief sought will sufficiently appear from the opinion.

The complaint alleges that’ plaintiff deposited $500 with defendant (an attorney-at-law), upon an agreement that the latter should immediately commence an action of divorce against plaintiff in behalf of his wife (who was present when such agreement was made); that defendant undertook to procure such divorce within thirty days, and agreed to hold said money until the decree should be procured, and then deliver it to the wife as alimony ; and that defendant has refused to…

The plaintiff, having recovered a-judgment against the Milwaukee and Minnesota Eailway Company, garnished the Milwaukee and St. Paul Railway Company as baying property of and being indebted to the principal defendant.

<p>APPEAL from the Circuit Court for Kenosha County.</p> <p>The defendant appealed from a judgment for the plaintiff.</p>

James and Alexander Dotoglass demurred to the complaint in an action for the foreclosure of a mortgage (to which they were made defendants with the mortgagor and others), on the grounds that several causes of action were improperly united therein, that the cause of action alleged against said defendants was barred by the statute of limitations, and that facts were not stated sufficient to constitute a cause of action against them.

The plaintiff demurred to the answer for insufficiency, and appealed from an order overruling the' demurrer. The substance of the complaint and answer is stated in 15 Wisconsin Reports, pp. 402-407.

Action to recover the possession of a piano, alleged to belong to the estate of plaintiff’s decedent.

Ejectment, for lot 129, block A., of a certain town in said county. Tbe defendant denied that be was in possession of tbe premises. Tbe complaint was amended at tbe trial so as to describe tbe premises by metes and bourids.