Volume 36 — Wisconsin Reports

Action for injuries to plaintiff’s person alleged to have been caused by certain obstructions in a public street in Milwaukee, in front of Atkins' bouse.

Replevin. The plaintiff distrained the cattle of the defendant damage feasant. The cattle, when so distrained, were in the highway (the fee of which belonged to the plaintiff), eating the grass therein. While the plaintiff was driving the cattle to the nearest pound, the defendant rescued them, and the plaintiff brought this action to recover the possession of the cattle.

The complaint alleges that the plaintiff conveyed to the Oshkosh & Mississippi River Railroad Company a right of way for its railroad over certain lands owned by him, and then states an agreement between the plaintiff and that company as follows: “That at the time of making such conveyance, and as part of the consideration thereof, it was agreed by and between the plaintiff and the said Oshkosh & Mississippi River Railroad Company, that the said last named company should…

The complaint alleges, 1. That the plaintiff is the owner in fee simple, and in possession, of certain premises in the county of Milwaukee, described as bounded upon one side by a line “ running along the bank ” of the Kinnickinnic River; that said plaintiff is and has been for several years in the actual possession and occupancy of said premises, using the same as a homestead for agricultural and pasturing purposes, and keeping m connection therewith, on the same, a public…

Action to recover the amount of an account for goods sold by tbe plaintiff to the defendant. The answer contained no denial of any of the material allegations of the complaint, but was solely a counterclaim for damages for the breach of an alleged warranty of a furnace theretofore sold by the plaintiff to the defendant.

Action for the balance due upon an account for stoves, ranges and other articles of hardware sold by the plaintiff to defendant.

This action is upon a policy of insurance on the dwelling bouse of tbe plaintiff in Menasha, issued by the defendant December 2, 1867, for five years, and renewed December 2, 1872, for five years. Such dwelling house was destroyed by fire December 19, 1872. .

Ejectment. Complaint in the usual form; answer, a general denial. The nature of the testimony, and the charge of the circuit judge, sufficiently appear in the opinion. Judgment for the plaintiff; from which the defendant appealed. 1. Conceding that the appellant owned more than a quarter of an acre, his homestead will consist of that quarter of an acre which was capable of being occupied as a home, and was so occupied. Bunker v. Locke, 15 Wis., 635.

Action to recover the amount due on a land contract. The complaint sets forth the contract in full.

Action for damages for the conversion of two notes. The complaint stated, in substance, that on the 23d of May, 1873, plaintiff, being indebted to defendants on two judgments in the sum of $904.53, delivered to them his promissory note of that date for that sum, payable in ninety days, with interest, in satisfaction of said judgments, which was thereupon satisfied of record; that plaintiff then delivered to defendants two other notes executed by Yandereook & Ferguson for the…

This action was brought by the plaintiff’s intestate in his life-time, to recover damages to his person alleged to have been sustained by him by reason of the insufficiency of a certain highway in the defendant town. The jury found for the plaintiff. A motion for a new trial was denied, and judgment was entered on the verdict. The pleadings, testimony, instructions and other proceedings on the trial, are sufficiently stated in the opinion. The defendant appealed. 1.

The appeal is from an order setting aside a sale of real property made upon an execution. The grounds on which the sale was vacated are briefly stated in the opinion. At the hearing in the circuit court, affidavits were read for the plaintiff, and counter affidavits for Clark and Scott, the purchasers at tbe sale. These were of great length, and very conflicting.

Action to recover damages for injuries to his person and property suffered by the plaintiff by reason of a defective bridge, parcel of a highway in the defendant town. It appears that during the afternoon of March 8, 1871, the plaintiff attempted to drive a team of horses across such bridge; but the horses broke through, or ran off, the bridge into the water, and one of them was drowned, and the other so injured that he died soon after being rescued.

Replevin. The property was seized by tbe defendant, as sheriff of Dunn county, by virtue of an attachment against the goods and chattels of one Leroy Bigelow. The plaintiff claims a part of the property by purchase from the attachment debtor, made nearly a year before it was so seized ; and the residue of 'the property, being grain, he claims to have raised on land the equitable title to which he purchased of said Leroy at the same 'time.

The record returned to this court shows that an action was commenced by the plaintiff against the defendant before a justice of the peace of the town of Eagle Point in Chippewa county, by the isssue and due service of a summons, and that, on the return day of such summons, the defendant appeared by its attorney specially for that purpose, and moved the justice to dismiss the action for the reason that the charter of the defendant city excluded from the justice jurisdiction…

Action to recover possession of certain logs. Tbe complaint alleged that tbe plaintiff was tbe owner and entitled to the possession, and that the logs had been unjustly taken and detained, and were of the value of $350.

Action for the value of goods claimed to have been sold to the defendants and their order during the partnership of the plaintiff and one Simmons. Plaintiff alleged, that on September 11, s1871, the copartnership between him and said Simmons was dissolved, and that he had bought and owned said indebtedness, which was alleged to be $293.43 and interest.

The defendant appealed to the circuit court from a judgment for $33.91 and costs, rendered against him at the suit of the plaintiff, by a justice of the peace: The judgment was rendered October 30, 1872, and the return to the appeal was filed March 26, 1873. The next jury term of the circuit court thereafter was appointed by law to commence April 9, 1873, and the next succeeding jury term in November of that year.

Action for personal injuries to plaintiff caused by his being thrown from a wagon, by reason of a deep hole or rut in a highway of the defendant town.

Action for the amount of a check drawn by the defendant on the Bank of Madison, for $80, in part payment of a note held by the plaintiff… Held: as conclusions of law, that plaintiff received said check, and the money paid at the same time, as and for full payment of said note; that the giving and receiving of said check had the effect of an assignment by the defendant to the plaintiff of $80 of defendant’s funds deposited in said bank; that plaintiff took the check at his…

Action for injuries caused by a defective highway. The main facts will appear from the opinion. The alleged defect in the highway consisted of “ a large rock or stone ” suffered to remain “ in and near the main traveled track,” and against which one of the runners of plaintiff’s sleigh struck,, causing the injuries complained of.

The action is on a policy issued by the defendant insurance company „to one Joseph L. Pickard, insuring him against loss or damage by fire to bis bop house and certain personal property therein. The insurance dated from August 22, 1871, and was for one month. On the 28th day of the same month the property was destroyed by fire.

The plaintiff in error, having had a judgment rendered against him in a proceeding under the bastardy act (R. S., ch. 37), brought this action for a review of the judgment. The record is no longer on file in this court; but the errors relied on will sufficiently appear from the opinion.

On January 9,1865, this action was commenced for the foreclosure of a mortgage, on the grounds that the defendant had made default in the payment of interest on the note secured by the mortgage, and that he had allowed the land to be sold for taxes. The note was given for $400 with interest at seven per cent., dated March 20,1863, and payable three years from date. Nothing had been paid before suit, except $50, paid August 81, 1868.

The complaint in this action alleged, in substance, that on October 26, 1872, plaintiffs executed and delivered to defendant the following agreement: “For and in consideration of $800, we, Daniel A.… Held: under the old law, that no action lay on the writing alone against the party not signing the contract, they also held that the acceptance of the contract bound the vendee.

Action to reform a deed and mortgage, and-foreclose tbe mortgage. Defense, usury. Held: that no tender of the principal was necessary, and that defendants were entitled to judgment declaring the note and mortgage void, with costs. Judgment accordingly ; from which the plaintiff appealed. I. The defense of usury should be proved beyond a reasonable doubt.

Trespass, for cutting timber upon land to wbicb plaintiff claimed title under a tax deed. The trespass is alleged to have been committed after N ovember 1,1871.

Trespass quare clausum, for cutting timber on certain pine lands, the title to which was claimed by both parties, under contract from one Polly Ludington, the .former owner of the land. The facts are fully stated in the opinion. The circuit court submitted to the jury, as a question of fact, upon the evidence, whether the contract under which defendants claimed was in fact the contract of Polly Ludington.

The engine company defendant commenced the erection of a machine shop and foundry on the lands of the Milwaukee & St. Paul Railway Company in the village of Waterloo, and entered into an agreement in writing under seal, in the form of a lease, with the firm of Boorman & Co. (of which firm the plaintiffs are the surviving partners), by which agreement the company leased to that firm said machine shop and foundry, and all the tools, implements, machinery, rights and privileges…

Action in the nature of quo warranto, brought in this court to determine, which of the parties is entitled to the office of .county judge of Yernon county. At the election for that office held in April, 1873, the relator received 1,240 votes, and the defendant 1,217 votes therefor.

The plaintiff in error, having been convicted of murder in the second degree, seeks here to reverse the judgment. The case will sufficiently appear from the opinion. contended that the court erred in its instruction to the jury as to the effect of the evidence of good character.

Motion to vacate an order dismissing the appeal, entered under Rule 10 of this court. The appeal was perfected January 2, 1874, and was noticed for argument by the appellant at the January term of that year, at which term the cause was continued. The appellant again served a notice of argument for the June term, 1874, which he subsequently countermanded; and the cause was again continued.

Action to recover two car loads of lumber. The facts were stipulated as follows: Plaintiffs are partners, and general owners of tbe lumber, the value of which was $260. Defendant is a corporation duly organized under the laws of Wisconsin, and engaged in operating a railroad; one part of which extends from Oshkosh to Milwaukee, and thence through Oconomowoc to Watertown Junction, and to La Crosse, a distance of about one hundred and thirty miles.

Action to recover a balance claimed to be due plaintiff from defendant, on account of a sale of wheat to the latter. The case was tried before a referee.

The action was brought against Plummer and Fisher before a -justice of the peace, to recover upon an open account, and, judgment being rendered against the plaintiffs, they appealed to the county eourt. Defendants filed an account as a counter-, claim, one item of which, was a claim for $100 rent, alleged to be due from plaintiffs to a late firm of F'isher & Jones (of which the defendant Fisher was a member), and to have been assigned by that firm to the defendants.

This was an action to recover certain real estate situated in the county of Winnebago. The plaintiff claimed as sole heir of Samuel Bedient, who died, seized of the land in controversy, in 1851. The plaintiff was then in her infancy, and she commenced this action very soon after she became twenty-one years of age.

Action for damages for defendant’s failure to convey lands according to his contract. Defendant answered, among other things, that he had taken from plaintiff a conveyance, with covenants of warranty, of certain other land, subject to a mortgage for $800, which, by the terms of the conveyance, defendant was to pay; that the value of this land over the $800 was the only consideration for defendant’s contract here sued on; and that such value did not exceed $300.

Action to recover wages alleged to be due to plaintiff from defendant. Defense, that defendant had been garnished in another state in certain actions against plain tiff; that judgment had been rendered against defendant in such garnishee proceedings, which judgment it had paid and satisfied. The facts are stated in the opinion.

The action was brought before a justice of the peace pursuant to ch. 151, E. S., and was taken by appeal to the circuit court. The complaint alleges that on the 21st day of March, 1872, the plaintiff was in the lawful and peaceable possession of certain lands therein described, and on that day the defendant made unlawful and forcible entry therein, and unlawfully detains the same from the plaintiff by force and with strong hand. The answer is a general denial.

Action upon a promissory note. Special verdict as follows : “ That on the 18th of March, 1878, defendants paid to plaintiff’s attorney the principal and interest on the promissory note described in tbe complaint, in full; that plaintiff’s attorney accepted the money, but claimed $17 costs, which defendants refused to pay, and plaintiff’s attorney kept the note and refused to surrender it until the costs were paid; and that on the 17th of March, 1878, tbe summons and…

The action was brought by Phebe Carpenter, against her former husband, Tatro, who had obtained a divorce from her, giving him the care and custody of the children, to recover upon a claim assigned to her by her present husband, Carpenter. for necessaries furnished one of plaintiff’s children by the former marriage, who, it was alleged, had been compelled to seek a home with Carpenter and the plaintiff, by reason of the neglect and cruel treatment of the defendant.

This action was commenced in justice’s court, where trial was bad, and judgment rendered in favor of the defendant for $12 damages, and the costs of suit. The plaintiff appealed to the circuit court; where, upon trial on the return of the justice, the judgment below was reversed, and, in addition, plaintiff was adjudged to recover of the defendant $12.64 damages, and $37.36 costs. From this judgment defendant appealed.

Action under sec. ¿01, ch. 19, E. S., to recover the penalty for an alleged willful obstruction of a highway. From a judgment entered against him in justice’s court, where the action was commenced, tbe defendant appealed to the circuit court; and, the judgment of the justice being there affirmed, he appealed to this court. The case is sufficiently stated in the opinion. 1.

Action for damages caused by a defect in a highway of the defendant town. Plaintiff had a verdict, and judgment thereon ; and defendant appealed from the judgment.

Ejectment, commenced June 25, 1873. Complaint in the usual form. Answer, a general denial, and that defendant had been in possession and claiming title under a duly recorded tax deed for more than three years preceding the action. Upon the trial, plaintiff offered in evidence a tax deed dated March 12, 1861, recorded the same day, upon a tax sale made by the treasurer of Manitowoc county, June 9, 1857.

The complaint purports to state two causes of action. That' part of it which relates to the first cause of action, alleges that the plaintiff and one Smith entered into a contract in writing set out therein, bearing date November 6, 1871, in and by which, for certain considerations therein expressed, Smith sold to the plaintiff the undivided one-half of a tract of land therein described, containing about 24,000 acres (being U. S. military road lands), and described further…

In an action by Varrell against Church, in justice’s court, the plaintiff had judgment for three dollars damages, and $64.98 costs, including in the latter $18.09 for fees of defendant’s witnesses, and $16.14 for fees of plaintiff’s witnesses.

Replevin, commenced in justice’s court, where plaintiff had a verdict assessing the value of the property at $15, and damages for the detention at twenty-five cents. From a judgment in accordance with the verdict, defendant appealed to the circuit court, where his motion for a trial de novo upon the merits, made at the September term, 1871, was denied, and judgment entered affirming that of the justice.

Action to foreclose a mortgage on real estate, executed in 1870. Judgment of foreclosure and for the sale of the mortgaged premises was entered March 8, 1873.

APPEAR from the Circuit Court for Grant County. Bewey brought an action of ejectment against Thomas and Cleary, to recover certain lands in Grant county. The action was tried at the September term of the circuit court for that county, 1872, and resulted in a verdict for the plaintiff, upon which judgment was entered, and execution thereon awarded.

This action was brought to recover the undividéd one-half of certain real- estate. The plaintiff claims as one of two heirs of John McCrubb, who died intestate in 1855, seized of both moieties of the land described in the complaint. The intestate left a widow, and two infant children, of whom the plaintiff is one. The plaintiff became twenty-one years of age in December, 1871, and commenced this action in April, 1872.

Action commenced in February, 1874, by a married woman, to recover under ch. 127, Laws of 1872, for injuries alleged to have been suffered by her in consequence of the sale of intoxicating drinks by defendant to her husband.

The plaintiff commenced an action in the circuit court against the defendants to recover eighty acres of land, the principal value of which consisted of the pine timber standing upon it. The next day he procured an injunction order restraining defendants from committing waste on the land. Immediately after the order was served on defendants, plaintiff went upon the premises with a number of men, and cut down a large quantity of timber.

Action by a wife to obtain a divorce on the ground of cruel and inhuman treatment. A decree of divorce having been obtained, the plaintiff, at a subsequent term of the court, applied for alimony, which was allowed her. Erom this allowance the defendant appealed.

Action to recover damages for the breach by the defendant of an alleged executory contract.

Ejectment. The answer alleges that in January, 1857, plaintiff, being then the owner of the land described in his complaint, sold and delivered possession thereof to defendant; that defendant then entered into and has ever since remained in possession of the premises, and has made considerable improvements thereon; and that he presented to the plaintiff a deed of said premises, requesting him to execute and deliver the same to himself, in pursuance of their contract, which…

This was an action for the strict foreclosure of a land contract on the ground of default of payment by the vendee. The contracting parties were Gr. W. Ryland, the assignor of the plaintiff, and Ann E. Burke, who is the wife of the other defendant, Abdon L. Burke. The plaintiff^ prayer for relief, and the judgment, sufficiently appear in the opinion. The defendants appealed from the judgment. 1.

The town of Arcadia, in the county of Trempealeau, having voted aid to the amount of $50,000 to the defendant railway company, and the bonds of the town for that sum having been placed in the hands… Held: and a vote of the electors of the town taken on the question of accepting or rejecting sucb proposition, which resulted in an acceptance of it by a vote of 143 to 80.

Action upon a promissory note for $1,000 and ten per cent, interest, given by the defendants to one Jane Eliza Galloway or bearer. The note was given for a loan of $900 made by Mrs. Galloway to the defendant Merrill, the defendant Daniels being an accommodation maker. The defense is, that the note is usurious.

The complaint stated, in substance, that on or about September 1, 1871, plaintiff sold to defendant .the undivided one-half of all the timber upon certain lands described, for which defendant agreed to pay seventy-five cents for each thousand feet, board measure, so soon as the same should be cut, and that plaintiff had cut and removed a large quantity of said timber, and was indebted to the plaintiff therefor in the sum of $925.

Action to recover a balance due upon account. The case is thus stated by Cole, J: “ The question arising on this appeal is one of practice, and ' involves a construction of § 22, ch. 129, Tay. Stats, (p. 1466). “ In the complaint the plaintiff claimed judgment against the defendant for $7,781.59.

Croix County. Action for a balance alleged to be due plaintiffs for work done in grading defendant’s roadbed, under an express contract The printed case contains, 1. The pleadings. 2. A stipulation for a reference of the cause to John Comstock for trial. 3. The report of said referee of the evidence taken before him, with his findings of fact, and his conclusion of law, that plaintiffs were entitled to recover of defendant the amount demanded in the complaint.

The plaintiff is a religious society incorporated according to law, and brought this action to recover on an agreement alleged to have been entered into by defendant, June 17, 1868, by which he agreed to pay plaintiff one hundred dollars, to aid in finishing its church building then in process of construction, and in paying the indebtedness already incurred by plaintiff in constructing said building. Answer, a general denial.

This action was brought to restrain the treasurer of Dane county from selling a large number of lots in the city of Madison, belonging to the plaintiff, for the unpaid taxes thereon for the year 1871, and to set aside such taxes. There was assessed on all of such lots in that year a general tax, and on different portions of them five special taxes or assessments, all of which are alleged to be void for reasons stated in the complaint.

Action for injuries to plaintiff's person, alleged to have been caused by defendant’s negligence. The decision of a former appeal-in this cause is reported in 32 Wis., 524, where the facts constituting the alleged negligence are sufficiently stated, the proofs on that subject being substantially the same on both trials.

This is an action to recover the possession of certain articles of personal property, alleged to have been taken and wrongfully detained by the defendant. The complaint is in the usual form.

The plaintiff in error, having been convicted of murder in said court, brought the case here for review on writ of error. One of the errors complained of was in the ruling of the court as to the manner in which the accused should exercise the right of peremptory challenge.

The plaintiffi in error, by his writ, brought here for review a judgment of the circuit court by which he was convicted of arson. The record being no longer on file in this court, the nature of the errors alleged must be learned from the opinion.

<p>APPEAL from the Circuit Court for La Fayette County.</p> <p>Motion to vacate an order and judgment of dismissal entered under Rule 4. The case is stated in the opinion.</p>

Ejectment, for a tract of land in the Borough of Fort Howard, in Brown county, described as follows : “ bounded on the north by Private Claim No. 1, confirmed to Jacques Porlier, on the east by Fox river, on the south by vacant strip confirmed to Alexis G-ardapier, and on the west by Lot No. Ill of Fort Howard Reservation, containing ninety-four and 76-100 acres.” The answer, in addition to a general denial, set up title in the defendant by virtue of adverse possession and…

In 1871, the parties entered into a copartnership in the drug business in the city of Milwaukee, and carried on such business until 1873. On the 19th of May, in the latter year, the defendant Wiese commenced an action in the county court against Van Trott, the present plaintiff, for a dissolution of such copartnership and a settlement of its affairs. The complaint prayed for an injunction, the appointment of a receiver, and an accounting.

The complaint averred, in substance, that on June 4, 1872, the plaintiff was received into one of the defendant’s passenger trains at Fond du Lac, to he conveyed as a passenger from that city to Appleton for the sum of $1.45, which was paid ; that there was no room in the passenger cars, except the rear car, and plaintiff was compelled to take passage in the rear car, or in the smoking car, which was offensive; that after riding in the smoking car to Oshkosh, he entered the…

Action in the nature of quo warranto, commenced in this •court in August, 1873, by the attorney general, on leave granted by -the court, to have a forfeiture of defendant’s charter adjudged, and the corporation dissolved. A decision of the court upon a demurrer to the complaint will be found reported in 34 Wis., 197-217; and reference is made to that report for a somewhat full statement of the complaint.

On the affidavit and motion of the relator, this court, on the 4th of December, 1874, granted an alternative writ of mandamus, directed to the board of state canvassers and the secretary of state, commanding said board to determine upon the election returns from the several counties in the eighth congressional district in this state then before said board, that the relator, at the last previous general election' in this state, had been, by the greatest number of votes, duly…

The plaintiffs are the owners of an improved lot on Fourth Street in the city of Milwaukee between Cherry and G-alena Streets. The grade of Fourth Street in front of such lot was established by the common council of that city in 1853, and the street was graded in accordance therewith. On September 13, 1869, the common council passed an ordinance establishing a different grade for Fourth Street, which, in front of the plaintiff’s lot, is several feet lower than that of 1853.

Slander. The plaintiff was chief enginéer of the fire department of the city of Racine, and the alleged slanderous words charged him with drunkenness on the night of a fire in that city, April 29, 1873. Upon the trial, defendant objected to the introduction of any testimony under the complaint, for the reason that sec. 4, ch. 127, Laws of 1872, making it a misdemeanor to become intoxicated, had been repealed since the action was' begun. The objection was overruled. .

The decision of this court on the appeal of the plaintiff in this case will be found ante, pp. 29-41. The only further question raised by the cross appeal of Atkins, and here considered by the court, relates to the rights of the parties in respect to peremptory challenges.

Action upon a policy of insurance, dated August 6, 1872, in and by which the defendant insurance company insured the plaintiff against… Held: by deed of warranty, the ground upon which the building stood; and that a certain brick wall between the hardware, store (which was a brick building) and a wood or frame addu tion thereto (being the tinshop), was thirteen inches thick.Such application concludes as follows : “ And the said applicant hereby covenants and agrees to and…

This was a proceeding under ch. 81, Laws of 1874,* to compel the board of directors of the Taylor Orphan Asylum to account for the administration of the trust fund, and to audit and correct their accounts. The facts are fully stated in the opinion.

The following statement of the case was originally prepared hy Mr. Justice Cole, as a part of his opinion : “ This is an appeal from an order denying the motion of defendant for judgment on the counterclaim set up in his answer, which was not replied to.

This action was brought by leave of court on a bond in the penal sum of $1,600, executed to the sheriff of Milwaukee county, by the defendant Pierce as principal, and by the other defendants (the appellants) as sureties.

This action was brought by the plaintiff as assignee in bankruptcy of one Noonan, to recover certain commissions claimed to have accrued to said Noonan on the sale of a printing press, alleged to have been made by him for the defendants, and at their request, to the firm of Cameron, Amberg & Co., of Chicago. The answer of the defendants denies that Noonan made, or was instrumental in making, any such sale.

Action by plaintiff as administratrix of the estate of Henry Freeman, deceased, to recover damages caused by the alleged negligence of the defendant in the management of its steamboat, the Lac la Belle, by reason of which plaintiff’s intestate was drowned.

Action upon two promissory notes. The complaint, which averred all the facts positively, was verified by one of the attorneys for the plaintiff, who'stated that the action was founded upon written instruments for the payment of money only, which instruments were in his possession, and that his knowledge was derived from the instruments themselves and from the admissions of the plaintiff to him.1 The summons was served upon the defendant in the county of Portage, where he…

In July, 1873, as the plaintiffs were passing over tbe railroad at one of these crossings with a team of horses harnessed to a wagon partly loaded with hay — the husband being on the ground driving the team, and the wife being on the load,— the latter was thrown from the wagon, and severely injured by falling on the ties of the railroad. This action was brought to recover damages for such injuries.

Trespass, for entering upon plaintiff’s premises in the city of Mineral Point, and tearing down and removing a culvert erected by him thereon, for the purposes of his business as a potter.

Action by a husband and wife to recover for injuries to the latter alleged to have been caused by a defective bridge constituting part' of a public highway in the defendant town. Answer, a general denial, with allegations of negligence on the part of the plaintiff.

The plaintiffs brought an action in the municipal court of the city of Madison against one John Deters, and issued garnishee process against the defendant company, to which the latter appeared and answered, denying their liability. Judgment having been obtained against Deters, the garnishee action was afterward tried, and judgment entered in favor of the plaintiffs. From this the defendant company appealed to the circuit court for Dane county.

Actions commenced in justice’s court. The complaint of Mrs. Cooban, in the first named action, alleges that on or about September 3, 1870, she and defendant made an agreement whereby she was to act as agent for defendant in selling the Howe sewing machine, in consideration whereof defendant agreed to pay her “ a commission of twenty per cent, on the gross amount of sales of the said Howe sewing machine made by the plaintiff, one-half of which was to be paid at the time of…

This appeal was from an order striking out portions of tbe complaint as irrelevant and redundant.

Action to foreclose a mortgage. The mortgagor, John Stack-house, died some time prior to the commencement of the suit, leaving a widow and several children. Personal service of the summons was made upon Dora Lameraux, one of the heirs of the mortgagor, but not upon any other defendant; and none of the defendants appeared in the action. Judgment of foreclosure was entered, and the premises sold in pursuance thereof by the sheriff.

This appeal was from an order overruling a demurrer to the complaint. The complaint and demurrer are as follows : “The above named plaintiff says that this action is founded upon a written instrument for the payment of money only, to wit: a promissory note, of which the following is a copy:. “‘$2,702.33.

Action for a breach of an alleged oral contract for the sale and delivery by defendant to plaintiff of a quantity of broom corn.

<p>APPEAL from tbe Circuit Court for Dane County.</p>

By order of the county court of said county, Pierce was attached as for a contempt in refusing to appear and answer in supplementary proceedings; and subsequently the county court refused to set aside the order granting the attachment; and, on appeal, this court sustained the -order of refusal. Lamonte v. Pierce, 34 Wis., 483.

Trespass ' to tbe close. Tbe acts complained of are, that defendant, in person and by bis men and teams, on June 1, 1870, and at divers other times between that date and October 1, 1870, broke and entered on the premises described (which are alleged to be plaintiff’s close and farm), and cut down, took and carried away the hay, grass, etc., growing and being there, and trod down and destroyed the same.

Action for insulting, violent and abusive acts alleged to have been done to tbe plaintiff by tbe conductor of one of defendant’s trains while plaintiff was a passenger on such train. Answer, a general denial. The substance of plaintiff’s testimony at the trial was as follows : She’ was about twenty years of age, and a school teacher, when the facts occurred on which the action was founded.