Volume 52 — Wisconsin Reports

Action against a county, its treasurer and clerk, to restrain the execution of deeds upon certificates of the sale of certain lands of the plaintiff as for delinquent taxes. Held: in a long line of decisions, that, in the absence of express constitutional inhibition, the legislature of a state may lawfully exempt from taxation the property and franchises of a corporation, and that a state may even barter away, beyond recall, its right to tax, by a valid contract.

Plaintiffs appealed from an order sustaining a joint demurrer of all the defendants to the complaint. The substance of the complaint, so far as important here, and the grounds of demurrer, are stated in the opinion. 1. The complaint is sufficient. It shows that the proceedings of the board of public works were illegal, and the certificates void, because, (1) The lots were not liable for the cost of raising the street to the altered grade. Sec. 18, subch.

On tbe lOtb of April, 1880, the plaintiff recovered judgment against tbe defendant in the circuit court for Milwaukee county, for $711.30; and the judgment was docketed tbe same day in the office of tbe clerk of said court.

Action to recover damages for defendant’s refusal to accept a conveyance of, and pay for, land struck off to her, upon her bid, at a public auction sale.

Action to recover damages' for tbe burning of plaintiff’s mill by reason of alleged negligence of tbe defendants. Held: eleven policies of insurance on bis mill, issued by legally organized companies, and then in full force, to an aggregate amount of $13,000 (tbe name of each company and the amount of insurance in each being stated); that before this action was commenced, each of said companies paid plaintiff twenty-five twenty-sixths of tbe amount of…

<p>Divorce. (1) TP or ivhat fraud a marriage uñll be adj udged void. (2) Order for payment of wife’s expenses of litigation.</p> <p>1. Seo. 2350, R. S., provides that “ when the consent of either party ” to a marriage “shall have been obtained by force or fraud, and there shall have been no subsequent voluntary cohabitation of the parties, the marriage shall be void from such time as shall be fixed by the judgment of a court of competent authority declaring the nullity thereof.” Meld, that concealment by the woman, before the marriage, of her previously unchaste character, or representations falsely made by her inducing the other party to believe her chaste, are not such a fraud as will support a judgment declaring a marriage void.</p> <p>2. In this action by the wife for a divorce, the husband set up a counterclaim for a divorce for adultery of the wife, and also a counterclaim to have the marriage declared void for fraudulent concealment by the wife, before marriage, of her previous unchastity. The issues on both counterclaims were found against the husband; and the court ordered him to pay the wife’s attorney $575 for expenses of her defense. Meld, that, ill view of the protracted litigation and the work and expenditures involved therein, the amount allowed was not an abuse of discretion; and that it is competent for the court to make such an allowance by order before judgment (which need not be included in the judgment), as well as by order after judgment.</p>

<p> Village Charter. </p> <p>Under the charter of the village of Omro, its board of trustees are authorized to employ attorneys-at-law to prosecute cases arising under sec. 1550, K. S. (viz., cases of the sale of spirituous liquors without license), and to pay for the services of such attorneys out of the village funds.</p>

In June, 1878, Snyder, overseer of tbe road district in which the defendant, Smith, resided, dug a ditch on the south side of the public road, in front of Smith's store, for the purpose of letting the water off from said road, and the defendant filled it up October 23, 1878; and this action was brought in a justice’s court to recover a penalty of $25 for such filling. Erom the judgment in the justice’s court the case was taken by appeal to the county court of Dodge county.

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

The plaintiffs were constructing their railroad across the canal in the city of Menasha, and to that end were driving piles in the canal, when the city, and the other defendants acting under its authority, interfered and cut the piles which had been so driven, and forcibly prevented the plaintiffs from continuing the work.

Action to recover damages for injuries to the plaintiff’s -person, alleged to have been caused by the negligence of the ■defendant city in permitting a sidewalk upon one of its public •streets to become and remain out of repair. Defendant demurred to the complaint as not stating facts sufficient to constitute a cause of action; and it appealed from an order overruling the demurrer. The case is further stated in the ‘opinion.

Action for an injury to an infant clrild, causing its death. Plaintiff appealed from a judgment of nonsuit. The evidence in plaintiff’s behalf is sufficiently stated in the opinion.

This action was commenced in said circuit court on or about December 8, 1879. On that day the summons and complaint were personally served upon the defendant Rolison and his wife. On the 3d of May, 1880, judgment of foreclosure and sale was rendered, and on the 18th of that month it was filed and entered of record.

The case is thus stated by Mr. Chief Justice Cole: “ This is an appeal from an order requiring the garnishee to make her answer more definite and certain by setting forth a copy of a contract under which she claims to hold the property of the defendant in the action.

Action upon the joint promissory note of tbe defendant and one B. C. Smith. The cause was tried without a jury. The following findings of fact by the court will explain the nature of the action and the grounds of defense thereto: “First.

The case is thus stated by Mr. Justice Tayloe : “ The appellants commenced an action in the circuit court for Fond du Lac county against the respondent John L. Dana upon contract, and in such action made the proper affidavit and caused a garnishee summons to be issued against the respondent Seaver.

Foreclosure of mortgages, etc. The case is thus stated by Mr. Justice Cassoday: “ The mortgages sought to be foreclosed, and the liabilities which they were given to secure, are described in the complaint as follows: “ 1.

The proceeding was against the above named insurance company as garnishee, in an action against the Mihills Manufacturing Company. Plaintiff appealed from a judgment against him for $22 costs, rendered on motion of the garnishee. The case will sufficiently appear from the opinion.

This action was brought by August Luck and Mvrmie Luck, his wife, for injuries to the person of the wife, alleged to have been caused by a defective sidewalk on one of the public streets of the defendant city. There was a verdict in favor of the plaintiffs; a new trial was refused; and defendant ap-. pealed from a judgment on the verdict. The errors alleged will sufficiently appear from the opinion.

Action against one Cain as maker, and Moran as indorser, of two promissory notes. Cain did not answer. The answer of Moran and the subsequent proceedings at the trial are stated in the opinion. Moran appealed from a judgment in plaintiff’s favor.

Action upon the following contract in writing: “ The Biographical Dictionary and Portrait Gallery of Eminent and Self-made Men of the State of Wisconsin; to be completed in one elegant quarto volume, bound in full morocco; printed on fine toned paper; of about 600 pages, and illustrated with steel engravings. “ The American Biographical Publishing Co., Chicago, Cincinnati and New York. “Gentlemen: I agree to take one copy of the above-named work, and to pay you $25 per copy…

Defendant appealed from an order overruling his demurrer to the third cause of action stated in the complaint. The substance of the complaint, and the grounds of demurrer, are stated in the opinion.

Plaintiff in error sued out his writ to review a judgment rendered against him on trial of an information against him for murder in the first degree.' The errors alleged will sufficiently appear from the opinion.

An information .was filed by the district attorney in said court against James U. Powell and four others, charging that they “ did feloniously break and enter in the night time a certain railroad freight car then and there being the property of the Chicago, Milwaukee & St. Paul Railway Company, with intent feloniously to steal, take and carry away the goods and chattels of said company, then and there being in said car.” There was a verdict of guilty against all the…

This action was brought to recover water rents alleged to be due under two deeds of indenture made December 26, 1857, between Charles Doty, Curtis Reed and Harrison Reed, of the first part, and the defendant, Spencer Mowry, as party of the second part, by which deeds the former demised and let to the latter twelve hundred superficial inches of water, to be taken from a certain canal and to be used on certain lots named in said deeds for a term of 99 years, renewable forever.

The case is thus stated by Mr. Justice Tasxob: '•'•Nilson brought his action in the circuit court to recover damages of Morse for a breach of the following contract: “‘This is to certify that Tosten Nilson, of the first part, agrees to pull all the stumps on the land of N. B. Morse, clean them, and put them in the fence, and clear the land of all roots, fit for plowing, for which N. B. Morse, of the second part, agrees to pay one dollar and five cents ($1.05) for each pine…

The substance of the pleadings in this case is stated in the opinion. The circuit judge instructed the jury to find for the plaintiff, and to award him as damages the value of the building in question, with interest.

On the 8th of November, 1877, the plaintiff obtained judgment against the defendant Bridget Fitzpatrick for $105 and costs, before L. Lincoln, Esq., a justice of the peace in Iowa county.

Replevin, commenced in justice’s court, against John Gan-nmg, for a “ George Prince organ.” The complaint was in the usual form, and the answer was a general denial. From a judgment in defendant’s favor, plaintiff appealed to the circuit court, where the cause was tried without a jury. The finding of the court is sufficiently stated in the opinion. Defendant again had a judgment; and plaintiff appealed.

Henry S. Clauer executed a voluntary assignment, for the benefit of his creditors, of all his property not exempt by law from seizure for his debts, to Joseph H. Gunclop, in«attempted compliance with the statute in that behalf. E. S., 497, ch. 80. Gunclry took possession of the property so assigned, and proceeded to execute the trusts of the assignment.

The case is thus stated by Mr. Justice Tayloe: “ This action was brought to recover the amount of the following promissory note: “‘£55. St. Johns, March 21, 1855. “ ‘ One day after date, for value received (cash lent), I promise to pay Charles S. Pierce, or order, fifty-five pounds, cy., with interest from date.

From June, 1871, until May, 1875, the parties to this action were partners in the wholesale liquor business in the city of Milwaukee. In May, 1875, the defendant sold out his interest in the business to one Toombs, and the partnership thereby terminated. The partners thereupon adjusted their individual accounts with the firm and settled the same.

Replevin. Plaintiff claimed the property as assignee of one Jacobus. Defendant claimed a special property in the goods as sheriff, by virtue of several attachments against the property of Jacobus. The question was as to the validity of the assignment; and the facts bearing upon that question will sufficiently appear from the opinion. Ry direction of the court, a verdict was returned for the defendant; arid plaintiff appealed from a judgment on such verdict.

On the 17th of July, 1879, Mary E. Witter filed her petition in the county court for Trempealeau county, stating in effect that she was the widow of Asahel H. Wilber, who died in that county September 1, 1878, leaving the will and codicil admitted to probate, as mentioned in Witter v. Wilber, infra/ that the executor had not permitted her to select, from the household furniture and other personal property belonging to the deceased, the portion thereof provided by law, or any…

This action was commenced August 30, 1879, by Mary E. 'Wil'ber, widow of Asahel H. Wilber, to recover from the heirs-at-law of her deceased husband and the devisees named in his will, her dower interest in certain lands, of which her said husband was seized at his death. The will was executed May 9, 1878, and a codicil thereto was dated August 28,1878. Asahel H. died September 1, 1878, and on November 4, 1878, the will and codicil were admitted to probate.

Action to charge Levi Wright as garnishee of Curtís 0. Noyes. The action against the principal debtor was commenced December 1, 1877, and judgment therein in favor of the plaintiff was rendered March 7, 1878. The action of garnishment was brought at the time the summons was served in the principal action, and the answer of the garnishee was taken orally before a court commissioner. Issue was joined on such answer, and in June, 1879, the cause was tried before a referee.

Action to recover damages for an alleged unlawful seizure and conversion by defendant of plaintiff’s goods.

The case is thus stated by Mr. Justice Taylor: “ This action was brought to restrain the board of supervisors of the town of Thorp from issuingj and the defendant railroad company from demanding or receiving from said town board, $5,000 of the bonds of said town in exchange for the like amount of the capital stock of said company.

Foreclosure of a mortgage upon an undivided half of ten acres of agricultural land and five lots in the village of Sparta,, executed in Mhy, 1874, by the defendants W. W. Allis and Lottie E. Allis, his wife, to secure payment of their-jpint and' several note for $1,700 with interest. W. W. Allis did not appear in the action.

for Marathon County. Action to foreclose as a mortgage a deed absolute on its face, and to recover any deficiency after a sale of the land, with prayer for an injunctional order restraining defendants from cutting timber on the lands included in said deed, until payment of the amount due, etc. The case is thus stated by Mr. Justice Cassoday: “ Upon the verified complaint, the defendant was enjoined on the Tth of September, 1880, from cutting any of the pine timber from the…

The plaintiff, as administratrix, sued to recover damages for injuries to her intestate resulting in his death, alleged to have been caused by a defective highway in the defendant town. The answer alleged that the injury was caused by the negligence of the deceased. The plaintiff had a verdict; a neW trial was refused; and defendant appealed from a judgment on the verdict. The errors alleged, so far as they became important here, will appear from the opinion.

Action for slander. The plaintiff recovered six cents damages. The court gave judgment on the verdict against the defendant for the damages assessed, for six cents costs, “ as per statute,” and also for disbursements taxed and allowed at $86.27. The items of such disbursements are: State tax, $1; fees of sheriff, $1.20; clerk, $10; commissioner, $1.50; witnesses, $71.82; notary, 75 cents.

The case is thus stated by Mr. Justice Tayloje: “McCartney brought two actions in justice’s court against Hubbell to recover for two bills of goods sold and delivered to the latter. In the first action he claimed as surviving partner of the late firm of McCartney & Whelan,-and in the second action in his own right.

The original complaint (in justice’s court) merely alleges that defendants are indebted to plaintiff in the sum of $100 “ for work and labor done and materials furnished to build a barge to put under a bridge near John Dildine’s, in Waushara county, in the year 1876, and for loss of time caused by the defendants not being ready to receive said barge when built.” The answer (also filed in the justice’s court) alleged by way of counterclaim that the parties entered into a…

This action, for the unlawful taking and conversion of personal property of the value of $50, was commenced before E. P. Colt, Esq., a justice of the peace, July 8, 1878.

Ejectment, for a large numbed of quarter-sections of land in said county. The answer was a general denial and an averment of title in the defendant.

This action was brought to recover back the amount of a tax assessed upon the personal property of the plaintiffs in the year 1877, in the city of Wausau,-which the plaintiffs allege they paid by compulsion and under protest. It was admitted on the trial, by the defendant county, that the tax was illegal. It appears that the treasurer of Wausau demanded the amount of such tax from the plaintiffs, who refused to pay it' on the ground that it was illegal and void.

The case is thus stated by Mi’. Justice Tayloe: “ This action was brought to recover of the defendants the amount of certain board bills which were due to the plaintiff for boarding several men whilst in the employ of one H. I. Waller, and at work for him in getting out a large quantity of railroad ties, which said Waller had contracted to get out and deliver to one Cash, on the line of the Wisconsin Yalley Railroad.

Ejectment, for- a quarter-quarter section of land. The action was brought by Joel L. Mead and three others, and was commenced March 22,1880. Answer, that defendant is seized in fee of an undivided one-half of the land, by deed from the county of Waupaca dated December 3, 1879, the county having acquired title to such undivided one-half by tax deed dated and recorded June 23, 1879.

REPORTED from the Circuit Court for Jackson County. The prosecution in this case, for the misdemeanor described in the opinion, was commenced in a justice’s court, and taken' by appeal to the circuit court, where defendant was found guilty of the offense charged.' Thereupon the circuit judge reported the cause to this court for its decision upon the two questions stated in the opinion.

The case is thus stated by Mr. Justice Tayloe: “This is an appeal from an injunctional order restraining the appellant, ‘ The Milwaukee de Northern Railroad Com-panyf from constructing a railroad from the city of Menasha, through the city of Neenah, so as to connect, the appellant’s railroad terminating in Menasha with the Wisconsin Central Railroad.

Mandamus. The petition of the relator alleges that the Milwaukee, Manitowoc & Green Bay Bailroad Company was incorporated and organized under ch. 242, P. & L. Laws of 1870, and was thereby empowered to locate, construct and maintain a railroad from the city of Milwaukee to the cities of Sheboygan, Manitowoc and Green Bay; that by said act the towns and cities along the proposed line of said railroad were authorized to vote aid thereto; that the said company located its route…

This action was commenced in the circuit court for Chippewa county.

The case is thus stated by Mr. Justice Taylob: “ This is an action in the nature of a creditor’s hill, to set aside a conveyance from Leonard Bertsehy to John Bertsehy, of certain real estate formerly owned by said Leonard Bert-sehy, and to subject the property so conveyed to the payment of a judgment against him.

On September 6, 1873, the plaintiff, brought an action against II. Felt and tbe appellant, J. 8. White, upon a promissory note, of which tbe following is a copy: “$210.50.

The defendant appealed from a judgment in favor of the plaintiffs. The case is stated in the opinion. For the report of a former appeal in the same cause, see 47 Wis., 326-332.

Action to recover the amount of an alleged unlawful tax assessed against the plaintiff in 1878, and which, on the 25th of January, 1879, he paid, under protest, to prevent the sale of his personal property for the amount thereof. The cause was tried in the 'circuit court upon an agreed statement of facts.

Mandamus. The relator and the individual defendants constitute the acting board of trustees of the defendant corporation. Held: “ that the said corporation, the Albion Academy mid Normal Institute, organized under said act of the legislature approved March 31,1863, is a private stock corporation, and not an eleemosynary or public corporation; that said corporation was subject to the control and management of the stockholders thereof; that the questions…

APPEALS from the Circuit Court for Monroe County. The case is thus stated by Mr. Justice Tatloe: “ These actions were commenced in the circuit court for Dane county by the personal service of a summons upon the defendants in that county.

The state treasurer filed his petition in this court, stating and alleging that, during the year 1880, the, county treasurer of Rock county, the respondent, received certain sums of money for “licenses, fines and penalties,” payable to the state treasurer, and that, upon demand, he had failed to transmit to the state treasurer a statement thereof, or to pay over such money to him as required by R. S., 252, sec. 715, subd. 5.

The action was commenced in justice’s court in Dane county. From a judgment for the plaintiff, the defendants appealed to the circuit court for said county; and, on motion of the defendants, based upon their affidavits that at the time of the service of the summons they were residents of Monroe county, the cause was removed to the circuit court for the latter county.

Action to enforce a mechanic’s lien for mason work on a .dwelling-house. The complaint is on a quantum. meruit. It alleges the value of the work to be $130, admits a payment of $60, and demands judgment for the balance. The answer alleges: (1) That the work was done under a special contract by the defendant to do the same for $80; and (2) that the price thereof did not become due until after the action was commenced.

This case is stated by Mi’. J us tice Tatloe: “This action was commenced by the plaintiff to recover a balance claimed to be due upon two school-district orders which are set out in the complaint.

Turner died-intestate, leaving, among other property, certain lauds. In November, 1872, the defendant, French, was appointed administrator of the estate. In pursuance of a parol agreement to purchase between the plaintiff and French, as such administrator, plaintiff entered into possession of the lands in the winter of 1872-3, and took therefrom 100,000 feet of pine lumber.

Action to enforce a mechanic’s lien upon certain mill property of the defendants Newton and Eoplems, who were copartners under the firm name of 8. If. Newton c6 Co. Several mortgagees of the premises, and holders of prior and subsequent liens thereon, were also made parties defendant.

The complaint alleges, in substance, that the defendant is a corporation; that the plaintiff is, and for the past five years has been, the owner and occupant of certain lands, with a dwelling-house thereon, in the city of Fond du Lac; that low lands near her premises have ever been drained by a watercourse, or ditch, which carried off the surface water to the river, and in that manner her own premises were kept dry; that it became and was the duty of the defendant, in…

<p>Crimihal Law. Evidence of larceny.</p> <p>The evidence in this case (stated in the opinion) being conclusive that plaintiff in error was guilty of the larceny of which he was convicted, and that the goods taken by him were not taken as lost or abandoned property, it was not necessary to pass upon the instructions .given to the jury.</p>

<p>ERROR to the Municipal Court for Milwaukee County.</p>

On the 1st of August, 1879, the Wisconsin Central Railroad Company filed its verified petition with the clerk of the circuit court for Taylor county (to which Price county was attached for judicial purposes) for condemning certain lands therein described for its right of way in Price county.

John B. Smith died at the city of Milwaukee in January, 1879. leaving surviving him a widow, Elizabeth J. Smith, whom he married in 1871, and four children by a former wife, the youngest of whom was about thirty years of age when John B. Smith died. The mother of these children died in 1868. After the death of Mr. Smith, his widow presented to the county court for probate an instrument in writing purporting to be the last will of her deceased husband.

On the 24th of July, 1879, the defendant Glmsky obtained title to forty acres of land upon which there was at the time a fence standing, near the line between that forty and the plaintiff’s land, and nearly parallel therewith.

APPEALS from the Circuit Court for Iowa County. Action to perpetually enjoin the defendants from mining on a certain range known, as the “ lieathcock Bange,” on the northeast quarter of the northwest quarter of section 17, town 5, range 2 east, in Iowa county, and from in any way interfering with the free mining thereon by the plaintiffs.

This was an action by Charles H. Marshall and Mary TP., his wife, to restrain the defendant and his servants and agents from preparing, putting up or offering for sale a certain alleged imitation of “ Marshall’s Rheumatic Liniment,” or any compound bearing the name of Marshall’s Liniment or any imitation of said name, or bearing certain labels described in the complaint, or any imitation of plaintiffs’ label or trade-mark; and also to have defendant adjudged to account to…

A motion by the contestants of the will to correct the j ndgment entered on their appeal in this cause, and for execution on such amended judgment, was made on the 17th of May, 1881.

The complaint alleged that the defendant BacJehaus made and delivered his promissory note for the sum of $1,000 to the defendants Bartlett and Mohr, then being partners under the firm name of Zinkeisen, Bartlett & Co.; that said firm after-wards indorsed the note to one E. Seckel, for a valuable consideration; that said E. Seckel, for a valuable consideration, indorsed said note to the plaintiff, before the same became due, and plaintiff is now the owner and holder thereof;…

The case is thus stated by Mr. Justice Taylor: “ This action was commenced by the service of a summons. The defendant appeared, and demanded a copy of the complaint.

Action for loss of services of plaintiff’s daughter Katie, a minor, and for expenses accruing to plaintiff, in consequence of such daughter being debauched and rendered pregnant by the defendant, about October 15, 1878. The action was commenced in Dodge county.

The city, of Milwaukee instituted proceedings to condemn to the public use two lots, one owned by the plaintiff, and the other by his daughter. The owners of the lots retained the defendants, who are attorneys-at-law and partners, to represent them and defend their interests in such proceedings. The proper city authorities appraised the plaintiff’s damages at $310, and the daughter’s damages at $320.

On the 18th day of November, 1880, and within one year from the date of the decision complained of, the city of Green Ray petitioned the judge of the tenth judicial circuit for the appointment of three commissioners, under ch. 291, Laws of 1880, to review and readjust the assessment of taxable property in Brown county, made by the county board in November, 1879.

Groix County. Action to foreclose a lien upon logs. The substance .of the complaint will appear from the opinion. The defendant Cowan demurred to the complaint on the grounds that several causes of action had been improperly united, and that it did not state facts sufficient to constitute a cause of action; and he appealed from an order overruling the demurrer. 1.

Croix County. The complaint alleges that between September 1,1875, and May 1, 1876, one Harrington was engaged in cutting, hauling and banking certain pine saw-logs, of which the defendant was the owner; that between the same dates the plaintiff furnished feed for the horses employed in that business, and performed labor and services in and about the cutting, etc., of such logs, to the amount and value in all of $300, which sum was found due him therefor on an accounting…

Croix County. Action to recover the value of a quantity of saw-logs alleged to have belonged to the plaintiffs, and to have been unlawfully converted by the defendant. The answer denied each and every allegation of the complaint. The plaintiffs had judgment in their favor for the value of the logs at the time of the alleged conversion; and defendant appealed from the judgment.

Croix County. Defendant appealed from an order overruling a general demurrer to the complaint. The essential averments of the complaint are stated in the opinion.

Plaintiff appealed from an order overruling his demurrer to a supplemental answer of the defendant. The case is thus stated by Mr. Chief Justice Cole: “ This action was brought against the defendant, a physician and surgeon, for the recovery of damages resulting from his unskilful and negligent treatment of a gun-shot wound in, the hand of the plaintiff, the damages being laid at $5,000.

The easels thus stated by Mr. Justice Taylor: “This action was brought to recover damages for an injury sustained by plaintiff from falling into a ditch in what is called Swift street, in the village of Edgerton, in the town of Fulton.

This case was formerly before this court on an appeal by the plaintiffs, and is reported in 47 Wis., 354. The present appeal was by the defendants from the same judgment, argued, among other things, that it was res adjudicata that this action could not be maintained in its present form, that it should have been dismissed in the court below, and that the whole judgment was indefensible.

The case is thus stated by Mr. Justice Cassoday: “This is an action under the statute to recover damages for the alleged negligent killing of the plaintiff’s intestate.

Action to recover the sums paid for three tax certificates issued by the defendant city, and interest thereon, which certificates and the deeds issued pursuant thereto were afterwards adjudged void by this court. This appeal is taken by the defendant city from an order of the circuit court overruling a demurrer to the complaint.

Action to recover damages for an Alleged breach of the covenant of seizin in a deed of fifty-three acres of land, executed by the defendant and his wife to the plaintiff, September 8, 1879, in consideration of $2,925, paid by the plaintiff to the defendant, in pursuance of a contract in writing made by the parties March 30, 1872, by which the defendant gave to the plaintiff possession of the premises, and covenanted and agreed that upon payment of said consideration he would…

On the 9th of June, 1881, Frank II. Hooper was brought before the Hon. Orsamüs Cole, the chief justice of' the supreme court of Wisconsin, in obedience to a writ of habeas corpus cum causa previously… Held: as a fugitive from justice from the state of Kansas, under a warrant issued by the acting governor of this state on the 11th of May, 1881.