Volume 41 — Wisconsin Reports

Action, by tbe wife, for divoi’ce, on tbe ground that tbe defendant, though of sufficient ability, bad willfully neglected to provide for her support or furnish her tbe common necessaries of life. The action was commenced in tbe Iowa county circuit court; tbe summons served by publication; an order of reference made at tbe June term of said court, 1874; and judgment of divorce upon tbe referee’s report, signed at tbe circuit court for La Fayette county, June 24, 1874. .

Tbe circuit court for Wood county, upon tbe application and relation of four persons, residents of that county, and residents and land-owners respectively in tbe cities of Grand Eapids and Centraba, in that county, issued an alternative writ of mandamus to the board of supervisors of tbe county, commanding them to maintain as a public highway a certain bridge across tbe Wisconsin river, connecting said two cities, and immediately to repair said bridge, or place it in a safe…

This action was brought in tbe supreme court in April, 1875, and a decision of tbe court sustaining a demurrer to tbe original complaint will be found reported in 39 Wis., 271-285. After that decision, plaintiff amended bis complaint so as to allege, (1) Tbe malting of a contract in November, 1858, pursuant to cb. 114, Laws of 1858, by tbe commissioners of printing witb one Eoss, for printing and materials to be furnished tbe state during tbe years 1859 and 1860.

Tbe plaintiff’s intestate, William Luedbe, was struck and killed by a train on defendant’s track at tbe Washington street crossing in tbe city of Milwaukee. This action was brought, under tbe statute, to recover damages for such killing, which is alleged to have been caused by defendant’s negligence.

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

Foreclosure of a mortgage of land. There was judgment of foreclosure and sale, containing also a clause to the effect that if the proceeds of such sale should be insufficient to pay the amount due the plaintiff, the sheriff should specify the amount of such deficiency in his report of sale, and the defendants John Gerhart and John Kirk should pay the same. From this part of the judgment Gerhart appealed. who cited sec. 3, ch. 243, Laws of 1862 (Tay.

The action was commenced in a justice’s court of the city of Boscobel, for an alleged violation of a city ordinance; and was appealed by the defendant to the circuit court. This is an appeal by the plaintiff jcity from a judgment of that court dismissing the action for its failure to comply with the terms on which it had obtained a continuance of the cause, by paying the costs of the term at which such continuance was granted.

Action for damages to plaintiff’s fence, etc., from a Are alleged to have been caused by defendant’s negligence. The action was commenced in justice’s court, where, after refusing defendant’s tender of a judgment for $35 damages, with costs to that time, plaintiff recovered judgment for $60 damages, and for costs. On appeal to the circuit court, plaintiff had a judgment for $37.50 damages, and for full costs.

Action to recover damages for tbe destruction of tbe plaintiff’s property by fire alleged to have been caused by tbe negligence of tbe defendant.

This is an action to recover for the destruction of the plaintiff’s property by a fire which originated on the land of the defendant company, and which, it is alleged, the defendant negligently allowed to spread upon the plaintiff’s premises. The pleadings are substantially like those in the case of McNar-ra against the same defendant, {ante, p. 69), and the same fire caused the injuries complained of in that case”.

The plaintiff, having recovered a judgment in this case, sought to have the full statutory costs taxed in his favor for the travel and attendance of his witnesses at several terms of the court when the cause had been noticed for trial, before ■the term at which it was actually tried.

Action commenced April 15, 1875, to foreclose defendant’s rights as vendee in a contract for the sale of land. The price of the land was $1,500, of which plaintiff paid $510, and gave for the remainder his two notes, for $180 each, payable to the hearer, January 30, 1875, and April 28, 1875, respectively.

Between November 1,1874, and April 1,1875, the plaintiff and several other persons named in the complaint performed labor on logs for tbe defendant Edminster. The claims of all the other laborers had been assigned to the plaintiff before the commencement of this action. The labor was done on sec. 4, town 32 north, range 1 east. This section formed a part of Chippewa county until March 25,1875, when it became a part of Taylor county.

The j answer contains a general denial, together with an averment that the defendant took the engine by the license and permission of the plaintiff; and further, that the engine was formerly. owned by one Crow and one Felker, who sold the same to W. C. Carver, and took ¡from him a chattel mortgage thereon to secure the payment of $500 of the price thereof; and that the defendant took the engine by virtue of such mortgage, at the request of Crow and Felker, the mortgagees.

In September, 1872, tbe plaintiff sold and assigned to tbe defendant, for $3,000, a certain land contract then held by the former.

Croix County. Action to recover damages for personal injuries sustained by the defendant by reason of ice and snow, which, it is alleged, the defendant negligently suffered to collect and remain on a sidewalk in one of its public streets. The answer denies that such injuries were caused by negligence on defendant’s part, and alleges that plaintiff was guilty of negligence, which was the sole cause of the injury.

In March, 1873, one Nye made an agreement with the defendant company for the transportation by it, over its road and in its cars, of certain horses and household goods, from Castalia, in the state of Iowa, to Lyle, in the state of Minnesota, both the places named being stations on defendant’s road. The horses and goods were accordingly received into what is known as a box freight car.

Action commenced before a justice of tbe peace to recover eighty dollars, which, it is alleged in the complaint, was unlawfully demanded, collected and received by the defendant from the plaintiff.

This action was commenced in justice’s court. Tbe complaint alleges in substance, “ tbat in January, 1870, tbe plaintiff received of tbe defendant a conveyance of certain premises therein described, for a consideration expressed in tbe instrument; ‘that, prior to tbe delivery of tbe deed, tbe plaintiff and defendant went upon tbe land which tbe defendant claimed be wished to sell, and tbe defendant there showed him tbe corners and boundaries of th$ lot; tbat, when tbe deed…

This action was brought, in justice’s court, against McDonnell and Donahoe for the breach of an alleged warranty on a sale of hop roots, made by them to the plaintiff, May 1, 1873.

The complaint alleges that the defendant city, in 1874, constructed a highway within its municipal limits, about two miles in length, raised about four feet above the general level of the ground, across a flat tract of marsh land dividing the ■Wisconsin and Baraboo rivers; that the Wisconsin river frequently overflows its banks, and from time immemorial it lias been the natural course of tbe water to pass over a portion of said flat land, and flow from tbe Wisconsin, river…

This action was brought to recover the balance alleged to be due for 150,000 feet of logs sold by the plaintiff to the defendant. The contract of sale is in writing, and is as follows: “ This obligation witnesseth. that I have this day sold to James Delaney a certain lot of pine saw-logs now lying on the bank of Green Bay, at and about Charles A. Masse’s place, in Door county, being the same logs which said Masse sold to me.

The complaint alleges that in October, 1874, plaintiff sold and delivered to defendant a boiler, steam engine, and circular rig for a saw-mill, of the value of $2,700; that no part of the price had been paid, except $150 paid November 1,1874; and that there is now due plaintiff therefor, $2,550, with interest from January 1, 1875. The answer denies all these allegations.

Trover, for 200 pine saw-logs. Complaint in.the usual form. Answer, a general denial. It appeared on the trial, that in January, 1875 one Copper-smith cut the logs in controversy upon a lot claimed by the plaintiff, and sold and delivered them to the defendants, and that the latter refused on demand to deliver such logs to the plaintiff or to pay for them, but appropriated the same to their own use.

Plaintiffs filed, in the probate court of said county, an account against the estate of Lydia Ann Hall, deceased, for groceries, etc., furnished to said deceased, or to her agents, upon her credit, between February 29 and April 17, 1873. The whole amount of the debit charges in said account was $699.23; and there was a credit, under date March 27, “by draft on Blanchard, Borland & Co., on account of lumber,” for $306.03, leaving the balance claimed $393.20.

The defendant John B. Drees was a licensed saloon -keeper in the town of Pesht-igo, having given the bond required by sec. 1, ch. 127, Laws of 1872. The defendant Edward Drees and another were his sureties in such bond. There is an alleged defect in the bond, but it is not material to the decision of the case.

Action upon a promissory note for $2,500, dated March 6, 1873, running to Danforth and Griffin, payable in nine months with interest at seven per cent, per annum.

After a jury had been impaneled and sworn, and the jury fee paid by the plaintiffs, defendant objected to the introduction of certain evidence essential to support the action, on the ground that the complaint was insufficient to make such evidence admissible. Thereupon, by leave of court, plaintiffs amended the complaint, and then offered the evidence in question.

Action to recover an unpaid balance of tbe price of certain pine saw-logs sold by tbe plaintiffs to tbe defendant.

Tbe plaintiff appealed to the said circuit court from a decision of tbe board of supervisors of Chippewa county, disallowing bis claim to have refunded to him moneys paid to the county upon sales of lands for taxes, which sales are alleged to have been void. The cause was tried without a jury, and the court found substantially as follows: 1.

The complaint alleges that on the 21st of November, 1872, and for a long time previously, tbe plaintiff was the owner in fee simple and in possession of certain lands therein described.

In this action, commenced before a justice of the peace, the plaintiff complained that the defendants had shot his dog. Defendants answered that the dog which they killed was running at large, with other dogs, from place to place, trespassing upon defendants’ farm and chasing their sheep and stock, and was a dangerous animal to be at large, and a public nuisance.

Ejectment, for a strip of land about fifty links in width, described as lying between block number three on the west and block number four on the east, in A. J. Snell’s addition to the city of Watertown. In July, 1866, A. J. Snell was the owner and in possession of the premises in dispute, and of the two blocks above described, and of other adjacent lands.

This is an appeal from a judgment revising a former judgment of divorce a vinculo in the action, in respect to alimony. The parties intermarried in January, 1859, and the defendant deserted the plaintiff in March following. In April, 1860, the plaintiff commenced this action, and she obtained a judgment of divorce in 1861.

On the 21st of April, I860, Stebbins recovered a judgment in said circuit court against Thomas D. Parsons and one Brown for $413.36. On the 15th of April, 1873, Parsons died intestate, and the present plaintiff was appointed administrator of his estate. The personal estate of the decedent being insufficient to pay the debts, etc., the administrator obtained leave to sell, and did sell, part of the real estate for that purpose; and the sale was confirmed.

In 1871 tbe plaintiff purchased of tbe defendant a large amount of the stock of the [first National Rank of Kenosha. Held: “ that the plaintiff is entitled to recover of the defendant the sum of $753, with interest thereon from the 15th day of March, 1872, as 'well as the costs of this action.” The averments of the complaint correspond substantially with the findings of fact.

Tbe action is to recover damages for an assault and battery alleged to bave been committed by tbe defendant upon tbe plaintiff. Tbe complaint sets out at considerable length tbe particulars of tbe alleged battery, and certain facts attending it, which are only material on tbe question of damages.

The will of the testator was duly admitted to probate by the county court, and letters testamentary were issued to the person named therein as executor. Held: among other things, “ that the time for construing such will has not yet arrived,” and simply reversed the order appealed from without construing the will. From this order of the circuit court, Edward Schmffner appealed. They contended, 1.

This appeal was taken by the defendants Jones and the Madison Woolen Mills from a judgment of foreclosure and sale. The property had been sold under the judgment, and bid off by the plaintiffs. After the appeal had been argued and submitted to this court, the plaintiffs moved, upon affidavits, for its dismissal, upon the ground that the cause had been settled by the parties in interest.

EEPOETED from the Circuit Court for Brown County. This was a criminal information.

REPORTED from the Circuit Court for Monroe County. The defendants were tried and convicted upon an information charging them with a criminal conspiracy. The circuit court suspended judgment, and reported the case to'this court pursuant to the statute (R. S., ch. 180, sec. 8), for the determination of the following questions of law: 1. Does the first count of the information on which the defendants were tried, charge a criminal offense? 2.

The following statement is taken from the opinion of Mr. Justice Cole, as originally prepared: “ A criminal information was filed in the municipal court of the city of Madison, charging that the plaintiffs in error did, at the city of Madison, etc., on the 22d day of June, 1876, compose, print and publish in a certain newspaper called the ‘ Daily Commercial Times,’ a false, wicked and malicious libel of and concerning one Jefferson C. McKenney, the assistant United States…

REPORTED from the Circuit Court for Green County. The following statement of the case was originally prepared by Mr. Justice Cole as a part of his opinion: “ On the trial of this cause, questions of law arose, which, in the opinion of the circuit judge, were so important and doubtful as to require the decision of the supreme court upon them; and, the defendant desiring it, those questions have been reported by the judge for the decision of this court. “ This was a criminal…

! Tbe case is stated in tbe opinion. Tbe cause was argued, by G. W. Felher for tbe plaintiff in error, and by tbe Attorney General for tbe state. tbe ’argument was substantially as follows: 1. Manslaughter is tbe unlawful killing of a human being without malice. 1 Archb. Crim. Law, 806. Murder is such killing with premeditation, malice, design. Upon proof of tbe killing, without anything else appearing, malice may be inferred.

Action for damages for the erection of a dam across an alleged brook or watercourse, causing fiowage of plaintiff’s land. Answer, a general denial. After tbe decision of this court upon a former appeal herein (37 Wis., 226-280), there was a second trial. Tlie testimony bearing upon tbe question whether there was a natural watercourse at the place alleged in the complaint, was very voluminous, and will not be stated.

Action upon a policy of insurance issued by tbe defendant) to recover for tbe loss by fire of a building in Oshkosh covered by tbe policy. It appears from tbe pleadings and proofs, that on June 27, 1870, tbe defendant issued a policy for $1,200 on such building, for three years, to one Lines, who then owned tbe building. On the 26th of May, 1872, Lines procured another three-years policy on tbe same building for $600, from tbe Phoenix Insurance Company.

2. In libel for words which, besides charging plaintiff (a member of congress) with talking money for using his influence in procuring the appointment of B., as postmaster, also… Held: that the allegations were relevant. APPEAL from the Circuit Court for Winnebago County. Action for libel. The words charged were published in the defendants’ newspaper entitled “The Oshkosh Times,” and were as follows: “ Kimball Selling Post Offices.— Mabkesak, October jd, 1876. —Eds.

This action was upon an account for machinery manufactured by the plaintiff for the defendant. The only disputed item therein was for the price of a machine known as a “ gang edger,” being $275.

Action on three promissory notes executed to the plaintiff hy defendants J. F. Morse and C. C. Paige, under their firm name of J. F. Morse & Co. The defendant Paige did not answer or appear.

In December, 1870, the defendant was engaged in the insurance and real-estate business in the city of Oshkosh, and at that time sold a one-half interest in the business to the plaintiff for $700. The parties thereupon entered into a written contract to carry on the business as partners.

Action to enforce a mechanic’s lien upon a grist mill and tlie land upon wbicli it is situate. The original petition lor the lien, dated April 28,1871-, stated that it was for work done and materials furnished for Ira Howard and Asaph II. Ilow-ard/in making and repairing machinery for said mill, between July 1st and November 6, 1873; and that said Ira and Asaph II. were the owners and in possession of said mill, and the woi’k was done at their request.

Action for an alleged breach of warranty on the sale of a large quantity of stone jugs. It appears that the plaintiff purchased the jugs of the defendants for the purpose of putting up or canning tomatoes therein, in which - business the plaintiff was engaged.

This action was commenced in April, 1876. Tbe complaint alleges, in substance, that tbe plaintiff, Frederick Hubbard, now of tbe age of twenty-one years, and one James Hubbard, now of tbe age of about twenty years, are tbe only children and beirs-at-law of Mary Hubbard, wbo died May 20, 1S66; that said Mary Hubbard, being tben a widow, on the 21th of March, 1866, was the owner in fee simple and in possession of certain described real estate; that upon that day, being very…

This action was upon the bond of a county treasurer, against the principal and sureties therein. The complaint alleges the election, in November, 1874, of the defendant Semler to the office of county treasurer of Washington county, his due qualification, including the execution of the bond in suit (which is in the form prescribed by statute), and his entry upon the duties of that office, and discharge of them until July, 1876.

This was an appeal from a judgment of the circuit court, reversing an order of the county court by which the administrator of the estate of Philip Wood was directed to pay the claim of the plaintiff, Mrs. Corlista A. Johnson, against the estate, out of a certain fund in his hands. The facts are thus stated by Mr. Justice Cole in his opinion as originally prepared: “It appears that when Philip Wood died, he owned and occupied forty acres of land as and for a homestead.

Action for damages for the alleged breach of a warranty of soundness on the sale of a mare. The answer admits that the defendant sold the plaintiff a mare at the time and for the price stated in the complaint, and contains a general denial of all other allegations of the complaint.

The plaintiffs recovered a judgment against the defendant company January 28, 1875, for $-847.98, damages and costs, and issued execution thereon to the sheriff of Fond du Lac county on the 4th of March following. The execution was afterwards returned by the sheriff wholly unsatisfied.

Ejectment, for a strip of land twenty-three and seven-eighths inches wide on the western side of the east fifteen feet of lot 10, block 155, in a certain city plat.

Action to recover $100, being the contract price for digging and stoning a well.

This action was commenced in justice’s court, for injuries done to a span of horses, harness and sleigh belonging to plaintiff, in consequence of the defendant Brown's striking the horses with a whip, causing them to run away, throw off a load of wood which was upon a sleigh, break the sleigh and harness, etc. The answer contained a general denial, and the defendant Brown further answered that at the time alleged he was carrying the United States mail; that plaintiff, by his…

• APPEAL from the Circuit Court for Manitowoc County. The action was brought before a justice of the peace to recover twelve dollars, the price of a scraper sold by the plaintiff to the defendant. The answer consists of a general denial, and a counterclaim for the price of a saddle, bridle and martingales, alleged to be of the value of $16, and four dollars damages for the use of the same.

The complaint alleges, 1. That at sundry times between the 7th of September, 1872, and the 26th of October, 1875, at etc., the defendant received from John E. Sutton (who was then and there the agent and clerk of the plaintiff) sums of money to the amount of $1,005 of the money and property of the plaintiff. 2. That at the time of receiving said money, defendant converted it to his own use. 3.

»APPEAL from tbe Circuit Court for Crawford County. Replevin, for a span of borses and a wagon. Tbe action was commenced before a justice of tbe peace, and tbe complaint is in tbe statutory form, charging that the property is unlawfully detained by tbe defendant. Tbe answer is, 1. A general denial; 2.

The writ of error in this case was sued out to reverse a judgment upon conviction of rape. The case is stated in the opinion. They contended, among other things, 1.

This action was brought in said court, in October, 1871, to set aside a levy upon certain lands alleged to belong to the plaintiff, made by the defendant Goe, as sheriff, under an execution upon a judgment in favor of the defendant JBlumer, against Samuel Stout and C. Stout, and also to restrain the defendants from selling the lands upon the said judgment, on the ground that the sheriff’s certificate of sale or deed will be a cloud on plaintiff’s title.

Action to enforce a mechanic’s lien upon certain premises described in tbe complaint, for work done by plaintiff as a machinist in tbe erection of a certain mill, and in repairing a certain other mill on said premises.

The complaint in tbis action alleges that the plaintiffs, at the times when their claims therein set forth accrued, were foundrymen and manufacturers and repairers of steam engines, etc.; that as such, at the special instance and request of the defendant James Hall, “and in part at the request of the said [defendant] Lucy Hall” between December 12, 1874, and April 6, 1875, they made, sold and delivered “to the said defendants,” a large quantity of machinery, mill gearing and…

A judgment for tbe plaintiff in this action, entered May 18, 1875, was affirmed by this court on appeal (38 Wis., 651), and the cause was remitted to the circuit court in December, 1875.

This is an action brought under sec. 29, ch. 141, R. S., to quiet the title to a certain parcel of land.

Foreclosure of a mortgage executed by the defendants John E. Wilson and wife to the plaintiff, upon a certain quarter of the southeast quarter of sec.’ 35 of a certain town in said county, dated April 9,1874, and recorded September 30,1874.

Croix County. Ejectment. The answer contained a general denial, and also set up, as a further defense and by way of counterclaim, a tax deed issued to defendant August 4, 1871, which was good upon its face and duly recorded, and asked for a judgment barring the rights of the plaintiff as previous owner.

Action to foreclose a mortgage on certain lots in Madison, executed by the defendant Christine Massing and her late husband to the plaintiff. The defendant railway company, contemplating an extension of its railway upon one of the mortgaged lots, purchased and took a conveyance of such lot of and from the mortgagors, after the execution and recording of the plaintiff’s mortgage.

This was an action to recover for injuries suffered by the plaintiff in the course of his employment as a brakeman upon a freight train on a division of defendant’s road in the state of Illinois. “ The complaint states in,, substance, that the plaintiff was in the employ of the defendant as brakeman on a freight train over a division of its road; that it was his duty, whenever occasion should require, to go between the freight cars and couple them together with such…

On the 23d of October, 18T4, one Joseph S. Curtis, being the owner of certain lots in the city of Green Bay, executed a mortgage thereon to the appellant Bowen, to secure the payment of $10,000 and interest. Curtis had previously commenced the erection of a dwelling-house‘upon such lots, and when tbe mortgage was executed tbe bouse was in process of erection. In April, 1875, Joseph S. Curtis and bis wife conveyed tbeir interest in tbe mortgaged lots to George Curtis.

The plaintiff and the defendant are the owners respectively of adjoining lots in the city of Beloit. The plaintiff claims a right of way over the lot of the defendant to his lot, which he alleges the defendant has obstructed or encroached upon by erecting a stone building on her lot, in 1874, covering a portion of such way. This action is to recover damages for, and to obtain an abatement of, the alleged obstruction.

Action for the recovery of $2,525, with interest, as a balance due the plaintiffs from the defendant for a certain quantity of lumber delivered by the former to the latter at St. Louis in 1874, under certain contracts between the parties. The complaint alleged that the lumber so delivered was measured and estimated, pursuant to said contract, by one Weber, at St. Louis, and amounted to 380,572 feet, according to his estimate.

This was a motion by the plaintiff for leave to issue execution upon a judgment heretofore rendered in this court, and was determined upon written argument. The substance of the affidavit on which the motion was founded, is stated in the opinion. contended, 1. That there was nothing to show that the judgment was a lien upon any property, (and that, indeed; there is no law making a judgment of the supreme court a lien. 2.

The plaintiff company was incorporated by ch. 170, P. & L. Laws of 1857; and its charter was amended by ch. 398, P. & L. Laws of 1868, ch. 186, P. & L. Laws of 1869, and ch. 116, P. & L. Laws of 1871. The general powers of the company, as defined in these acts, related to driving, sorting, delivering, etc., logs on the Yellow river.

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

Tbis was an application to tliis court for a writ of habeas corpus, upon grounds which were thus stated by Mr. Justice Cole in bis opinion herein as originally prepared: “ It appears from the petition and the papers annexed, that the petitioner was arrested in August, 1876, on a complaint and warrant charging him with the crime of embezzling $10,000 of the moneys of Washington county, on the first day of February, 1876, which moneys were then in his possession and entrusted…

Tbe complaint alleges that in March, 1872, plaintiff was the owner of about 2,800,000 feet of lumber in pine saw logs, lying at different points along the Wisconsin river and its tributaries, above the Wausau boom on said river; that on the 12th day of said month, the plaintiff made a contract with defendant, by which, in consideration of certain payments therein agreed to be made, defendant agreed to take and receive all the plaintiff’s logs into the Wausau boom as fast as…

This action has been twice tried, and each trial resulted in a judgment for the plaintiff. The first judgment was reversed by this court on appeal. The report of the case upon that appeal (37 Wis., 582) contains a sufficient statement of the nature of the action, tbe contract or instrument upon which it was founded, and the pleadings, together with a plat of the premises affected by the action. This present appeal was; taken by the defendant from the second judgment.

ON EXCEPTIONS from the Circuit Court for Scmfc County. An information was filed in the circuit court by the district attorney, under sec. 27, ch. 165, E. S. (Tay.

Croix County. The action was brought to recover tolls for aiding in driving, and for passing over slides in plaintiffs dams on the north fork of Clam river, in Barron county, a quantity of logs belonging to the defendants. The dams were erected and the tolls are claimed by virtue of ch. 154, Laws of 1874, as amended by ch. 263, Laws of 1876.

Action to recover tke price of logs alleged to kave keen sold by tke plaintiff to the defendant. It appears that tke logs were in a slough of Rib river, at tke time of the alleged sale, and there was not then sufficient water in the river to float them out. The defendant owned and operated a saw mill and boom on Rib river, below tke slough in which tke logs were.

Action for damage to plaintiff’s lands, consisting chiefly of bay meadow along and adjacent to Apple river, a navigable stream.

Action to recover the value of a stoclc of hoots and shoes alleged to have been wrongfully taken by the defendants from the possession of the plaintiff, and unlawfully converted to their own use. Cobban & Dunn, with a view to insolvency, executed to the plaintiff) as assignee, a voluntary assignment for the benefit of their creditors, of all their property not exempt by law from seizure upon attachment or execution.

Replevin. The complaint alleges that, on a clay named, plaintiff was, and that he still is, the owner and entitled to the possession of certain personal property described as “ one grey gelding colt, two years old, of the value of $100; one black gelding colt, three years old, of the value of $100; one black mare colt, one year old, of the value of $75;” that on that day said colts, at etc., came into the defendant’s possession, and still there remain; that on the same day…

The complaint alleges, in substance, that, on etc., at defendant’s request, plaintiff obtained one green- turtle from the city of Hew York, for the defendant, at Milwaukee, at his (defendant’s) risk and expense; that he paid therefor, in Hew York, $20.40, which it was reasonably worth, and also paid the express charges from New York to Milwaukee, to wit, $4.35; and that defendant refused, on demand, to pay plaintiff said sums, for the aggregate amount of which, with…

The parties are the heirs-at-law (and all of such heirs) of Alexander Stewart, late of Waukesha county, who died in March, 1873, intestate. The deceased was never married. He had two brothers, both of whom, and his parents, he survived. The parties are the children of the two brothers, except that the sou of a deceased daughter of one of them is a plaintiff.

Action upon a promissory note of the defendants, George Farrow, James 8. Stickney and Edward Goulthard, |for $1,000, dated May 1, 1873, running to Thomas W. Hart or order, payable two years from date, with interest at seven per cent., payable annually. Plaintiff, Thomas JB. Mart, claims as indorsee for value, before due.

In 1875, the plaintiff, wbo was sheriff of Milwaukee county, presented to the board of supervisors two accounts accruing during that year for official services and fees and for certain expenses paid by him, all which he claimed were proper county charges.

McDonald, as sheriff of. Milwaukee county, having arrested one O’Connor, an inmate of the National Soldiers’ Home, located in that county, by virtue of a criminal warrant from the municipal court of the city and county, the commandant of the Home obtained from one of the justices of this court at Madison a writ of habeas corpxis to determine the right of the prisoner to be discharged from the sheriff’s custody.

The action is to recover damages for injuries received by the plaintiff alleged to have been caused by defects in a highway in the defendant town, -which (it is conceded) it was the duty of such town to keep in repair. No 'question is made on the pleadings.

<p> Appealable orders, after ¡judgment. </p> <p>After judgment, an appeal will not lie from an order refusing a new trial, or from any other interlocutory order which is reviewable on appeal from the judgment itself.</p>

Action to foreclose a mortgage of real property executed by Jfmilie B. Hooe to secure the following note: “ $2,350. Held: that as Mrs. Hooe had settled with Lockwood without any fraudulent acts or purpose on her part against Gates, the action should be dismissed as to her, with costs against the plaintiff, and that the mortgage should be divided between Lockwood and Gates, in the proportion of $1,758.58 to Lockwood, and $769.69 to Gates.

Action for the value of plaintiff’s cows killed, upon a railway track, upon which they entered from defendant’s land, through a gate in the railroad fence alleged to have been left open through defendant’s negligence. The decision of this court on a former appeal herein, reversing a judgment of non-suit, is reported in 39 Wis., 129-137, where the grounds of the action are more fully stated, and the statute under which it was brought (Tay.

<p>CERTIFIED from tlie Circuit Court for Buffalo County.</p> <p>Information for a larceny. The case is stated in the opinion.</p> <p>cited Rex v. Hazy and Collms, 2 C. & P., 458; Rex <o. Allen, 1 Moody, 154; PVitn-Jcet’s Case, 8 City Hall Rec., 137; People v. Tilton, 2 Wheeler’s Or. Cas., 251; State v. Morey, 2 Wis., 494; Low-renee v. The State, 4 Yerg., 145.</p>

Motion to vacate a judgment of affirmance, and to dismiss the appeal without costs. The case is stated in the opinion. cited numerous authorities to the point that an attorney has a lien upon a case, and upon the judgment which maybe obtained therein, for his costs and disbursements, if not for his services; and further argued that if a settlement is made in fraud of the attorney’s rights, he may continue the action, and take judgment for costs.