Public-domain · open source
OpenJurist

90 Wis. 291

Warner v. Cuckow

Wisconsin Supreme Court

Decided May 15, 1895

Wisconsin Supreme Court · decided 1895-05-15

BeNNEtt, Circuit Judge. Action for money bad and received. The plaintiff, in August, 1885, owned a large farm in the town of Bradford, Rock county, Wisconsin, which was then in possession of one Millington, a tenant, to whom it had been leased in the year 1884 for a term of five years at a rental of $1,000 per year. In the summer 'of 1885 the plaintiff resided, in London, England, and continued to reside there until the fall of 1891, when she returned to Wisconsin.

Cited by 4 later decisions — most recently May 1903

4 state decisions

Relies on Carroll v. Little

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1895-05-15

View the full empirical analysis of this case →

Winslow, J.

¶1Practically, the only question on this appeal is whether the findings sustain the judgment, and the merest reading of them is sufficient to show that they do sustain it. We say this is the-only question, because the exceptions are too general in their nature to raise any other question. Each of the findings excepted to, except perhaps the sixth, ninth, and tenth findings, contains a number of propositions of fact, some of which are undisputed or clearly established by the evidence; and in such case a wholesale exception is of no avail. As to the sixth, ninth, and tenth findings, examination of the record shows them all to be well proven by ample evidence. The seventh finding, with the account which is a part of it, really contains the substance and gist of the whole case. No item of this account is objected to or excepted to either specially or at large, and hence it cannot be examined or disturbed. Carroll v. Little, 73 Wis. 52. We may say, in addition, that a perusal of the testimony in the case convinces us that the judgment of the trial court was eminently just.

¶2By the Court.— Judgment affirmed.

/90/wis/291 · .json · Public domain