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88 Wis. 484

State v. Duff

Wisconsin Supreme Court

Decided October 23, 1894

Wisconsin Supreme Court · decided 1894-10-23

Action to recover the penalty for failure to remove an encroachment upon a public highway. The appeal is from st judgment entered, upon a verdict directed bjr the court in favor of the defendant.

Relies on Bray v. Parcher

Decided 1894-10-23

Orton, C. S.

¶1The facts of this case are sufficiently stated on the former appeal, in 80 Wis. 18. The only question on this appeal is whether the defendant held the locus in quo by adverse possession. This question depends upon the evidence and the whole evidence in the case. We have looked into the two bills of exceptions to find where the trial judge has certified that either of them contains all the evidence. This seems to have been omitted. In such case the only question is whether the verdict and judgment are supported by the pleadings, and this appears to be the case. We regret that this case cannot be fully considered, but it cannot now be remedied.

¶2By the Court.— The judgment of the circuit court is affirmed.

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