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United States of America
Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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6
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
7
Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
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The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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15
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
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Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
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20
Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
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22
Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
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Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims.
The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
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36
Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison.
Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
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45
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
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Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages.
Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices.
With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
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65
This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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This consolidated stockholder derivative action, filed in September 2016 in the Delaware Court of Chancery, challenged Tesla Motors' $2.6 billion acquisition of SolarCity Corporation as a conflicted transaction that amounted to a bailout of a struggling company at Tesla shareholders' expense. The central allegation was that Elon Musk, who held a significant stake in both Tesla and SolarCity and whose cousins Lyndon and Peter Rive ran SolarCity, orchestrated the merger to rescue SolarCity from financial distress while using Tesla as the vehicle to do so. Plaintiffs alleged that Musk and the Tesla board members who approved the deal breached their fiduciary duties to Tesla shareholders.
The litigation proceeded through years of discovery and motion practice before proceeding to a ten-day trial before Vice Chancellor Joseph R. Slights III in July 2021. The trial featured extensive testimony and expert analysis on whether SolarCity was financially distressed at the time of the acquisition, whether the deal price was fair, and whether Tesla's board acted independently given Musk's influence over it. Key witnesses included financial experts debating the valuation of SolarCity and the terms of the transaction.
Vice Chancellor Slights issued his post-trial decision in April 2022, ruling that while Musk was a conflicted controlling stockholder, the acquisition was entirely fair to Tesla shareholders and judgment was entered in favor of the defendants. Plaintiffs filed a notice of appeal to the Delaware Supreme Court in May 2022.
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Tesla shareholder Richard Tornetta filed this derivative lawsuit in June 2018 in the Delaware Court of Chancery challenging the massive compensation package granted to Elon Musk by the Tesla board in January 2018. The plan consisted of 12 tranches of stock options — each representing 1% of Tesla's outstanding shares — that vested upon the achievement of paired market capitalization and operational milestones over a ten-year period. Tesla itself disclosed that the plan's estimated fair value was .6 billion, and analysts projected it could eventually be worth over billion if the company continued to grow. Tornetta alleged that Musk, as Tesla's controlling stockholder and chairman, had improperly influenced the compensation committee and the full board, and that the package was not the product of a fair, arm's-length process.
In January 2024, Chancellor Kathaleen McCormick issued a landmark decision voiding the compensation package in its entirety. The court found that Musk was a controlling stockholder at the time the plan was approved, that the process by which it was negotiated and approved was deeply flawed and conflicted, and that the defendants had failed to demonstrate that the plan was entirely fair to Tesla shareholders. The decision drew international attention for its size and its implications for corporate governance of founder-controlled companies.
Following the ruling, Tesla's board put the compensation package to a shareholder ratification vote in June 2024, which passed with majority support. Proceedings continued in the Court of Chancery through late 2024 as the court considered whether the post-litigation shareholder vote could cure the defects identified in the January 2024 ruling.
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Aaron Greenspan, the founder of PlainSite.org, filed this lawsuit pro se in state court in 2024 against Elon Musk, Tesla Inc., X Corp., Jared Birchall (Musk's personal assistant and corporate representative), Omar Qazi (a Tesla promoter who ran the SMICK Enterprises social media account), and several of Musk's attorneys including Alex Spiro of Quinn Emanuel and Adam Cashman and Allison Huebert of Singer Cashman LLP. The case was removed to the Northern District of California and assigned to Judge Maxine Chesney. Greenspan alleged that Musk and his associates engaged in a coordinated harassment and defamation campaign against him, including directing Qazi to make false statements about Greenspan on social media.
Quinn Emanuel represented Tesla, Excession LLC, and Musk's revocable trust. Qazi appeared pro se. The district court ruled against Greenspan, and he filed a notice of appeal to the Ninth Circuit in March 2026 from Covina, California. Qazi filed an opposition to Greenspan's motion for extension of time in February 2026.
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82
More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties.
The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power.
The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
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83
A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
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84
Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care.
After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
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Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
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90
Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
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97
The Securities and Exchange Commission filed suit in August 2020 in the Southern District of New York against Ripple Labs Inc., its CEO Brad Garlinghouse, and co-founder Chris Larsen, alleging that Ripple had conducted an unregistered securities offering by selling XRP tokens to investors over a period of years, raising over $1.3 billion. The SEC argued that XRP was a security under the Howey test because investors purchased XRP with an expectation of profit based on Ripple's managerial efforts.
Ripple vigorously contested the classification of XRP as a security, and the case became one of the most closely watched in cryptocurrency law. Judge Analisa Torres issued a landmark summary judgment ruling in July 2023, finding that XRP sold to institutional investors constituted a security but that XRP sold to retail investors on exchanges did not, a split outcome that had significant implications for the broader crypto industry. The case proceeded to trial on the institutional sales claims. Settlement was reached in 2024.
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98
AMA Multimedia, LLC, a Nevada-based producer of adult video content, filed this copyright infringement lawsuit in March 2016 in the Western District of Washington against Spankbang.com and its operator, Nivun PTE Ltd, a Singapore-incorporated company. AMA alleged that SpankBang — one of the largest pornographic tube websites — was hosting and distributing AMA's copyrighted video content without authorization, generating advertising revenue from the infringement at AMA's expense. The complaint asserted claims for direct copyright infringement and sought damages and injunctive relief.
The case was part of a broader wave of litigation by adult content producers against tube sites that aggregate user-uploaded videos, many of which include professionally produced content uploaded without the rights holders' consent. Establishing jurisdiction over foreign-operated websites and piercing corporate structures to identify liable parties were recurring challenges in such cases. The case settled confidentially.
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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it. Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
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All reporters › wisc-lexis › Volume 1908 Opinions in wisc-lexis, volume 1908
The controversies of this litigation are ruled by the principles of the decision of Jones v. Valentines’ School, 122 Wis.… The motion for a continuance was addressed to the sound discretion of the court.… The folio-wing opinion was filed September 24, 1907: This is an action to recover an unpaid personal property tax of $170.12 assessed against the defendant as executor of the estate of George M.… Donaldson v. Buhlman Page 4 The following opinion was filed November 5, 1907: The judgment entered is manifestly right.… Tbe following opinion was filed November 5, 1907: An examination of tbe evidence at once leads to tbe inquiry: How did the decedent come to bis death ?… Cash v. Kruschke Page 6 *134The following opinion, was filed November 5, 1901: The motion to dismiss the appeal must be denied.… Quigg v. Monroe County Page 7 *125The following opinion was filed November 5, 1907: 1.… The following opinion was filed November 26,1907: The point is made that the order is not ap-pealable.… The following opinion was filed November 26, 190?… The following opinion was filed November 26, 1901: Did the court err in not granting the motion for a nonsuit, because there was a delay of some sixty days in giving notice to the company, notwithstanding the memorandum on the policy that “the words ‘immediate notice’ as used in the policy are to he construed as… The following opinion was filed December 13, 1907: The work in question was attempted to be ordered and done under the provisions of sec.… The appellant rightly claims that, where wages are payable by the month, such circumstance is evidence of a hiring for that period, which will be sufficient, in the absence of any evidence impairing its weight, to sustain a finding that there was a hiring for that period.… The controversies on this appeal are in a very narrow compass.… Piche v. Cottor Page 14 No good purpose can he served by rehearsing the details of this controversy.… In a business conducted by many employees performing work independently of each other and in which the work of one becomes periodically dangerous to another, it is the duty of the master to provide reasonable precautions against such danger, and amongst these is promulgating rules and regulations for the giving of… Chase v. City of Superior Page 16 In 1893 this court decided that bonds, of which the one in suit is typical, namely, special improvement bonds, issued under the authority of the city charter of 1891 (Laws of 1891, ch.… The liability of telegraph' companies for failure to perform their duty to correctly transmit and deliver messages, whether that duty result from a contract or otherwise, has been the subject of a vast amount of litigation and discussion.… Tbe principal contention made by tbe relator in tbe trial court seems to have been that tbe grain in question was exempt from taxation because it was tbe subject of interstate commerce in transit from one outside state to another and temporarily within the state in tbe course of such transit.… Jacobs v. Lakeside Lumber Co. Page 19 Many of the contentions of the parties need not be treated in view of considerations determinative of plaintiff’s right to* maintain the equitable action for an injunction.… Under the written contract of the parties it is obvious that the logs were to be paid for upon a scale thereof and not according to the true quantity otherwise ascertained, and that such scale, being properly made, was to be conclusive on the parties.… Columbian Banking Co. v. Bowen Page 22 Counsel for appellant bave presented quite an extended argument, referring to many authorities, as to tbe law antedating and independently of tbe negotiable instrument statute — secs.… The effect of the adoption of sec. 925; — 30, Stats.… Tbe important proposition to be met at tbe outset in this cause is: Ought tbe court, under tbe circumstances, to allow tbe use of its power of superintending control to test tbe question of whether relator was entitled to a change of venue, as requested ?… Zoesch v. Flambeau Paper Co. Page 25 Four general contentions are made in support of the judgment of nonsuit, viz.: (1) That it appears *275tbat tbe respondent furnished a reasonably safe place and appliances; (2) that the deceased was not within the line of his employment, or was disobeying orders, when the accident happened; (8) that the manner in… Jackman v. Inman Page 26 The evidence of the defendant that he went into Van Kirk’s store with $400 in money and came out with the second note and but $200 in money was doubtless inadmissible.… Higgins v. City of Superior Page 27 The substance of these allegations is that tbe plaintiff was injured through tbe negligence of a fireman of tbe city in charge of and driving tbe team on tbe streets of tbe city; that bis negligent conduct, which was well known to tbe city officials when they selected bim for such position, was the result of bis… Jennings v. State Page 28 The single question presented is-, Has the accused, after plea of not guilty to the charge preferred in *309file information, under the provisions of secs.… Gerhardt v. Ellis Page 29 The only question involved is whether the complaint states a cause of action.… Warshawsky v. Rosengarten Page 30 Appellants contend that tbe title to tbe property covered by tbe purchase of plaintiff from them did not pass until tbe goods arrived at Chicago at plaintiff’s place of business.… The main contention here is that the evidence is not sufficient to support the finding, of the jury on the first question of the special verdict to the effect that the place where the plaintiff’s horse entered upon the defendant’s property was not within the limits of the defendant’s depot grounds.… Randall v. Link Page 32 Appellant’s counsel maintains that judgment should have been rendered in appellant’s favor upon the ground that the cause of action set forth in the counterclaim was on contract, but if the demand was one sounding in tort and was not connected in any way with the transaction in which the note was given and so was not… Meyer v. State Page 33 Sec. 4607c, Stats. (1898)-, as amended by cb.… Smith v. Merrill Page 34 The court refused specific performance of the contract for the sale of the land owned by the defendants upon the ground that Waterman was not authorized to enter into the contract he made with the plaintiff for the pinchase of the land.… The complaint in question sets forth that the plaintiff is a railroad corporation organized on May 25, 1880, by the consolidation as authorized by law of the North Wisconsin Railway Company and the Chicago', St. Paul & Minneapolis Railway Company, which last-named corporations had theretofore been organized and… Ryan v. Malone Page 36 Edward H. Byan was a party to the proceeding brought by the respondent by petition and which reached this court and is reported in 124 Wis.… Merrill v. Merrill Page 37 George W. Merrill petitioned the county court of Dodge county for the appointment of a guardian of the person and estate of his aged father, on the ground that he was incompetent to manage his property and by excessive drinking and debauchery was wasting his estate so as to endanger his support.… 1. The principal contention for reversal is that upon the undisputed evidence the deceased, George E.… Stocking v. Warren Bros. Page 39 The following opinion was filed January 8, 1908: It will be seen from the foregoing statement of the provisions of the special charter of the city of Superior that the evident intent is that all public work involving the expenditure of any considerable amount of money shall be open to full and free-competition and… Tbe court directed a verdict against the defendants’ contention that the $75 and the check of A.… The evidence is quite vague and unsatisfactory.… The decision of this case by the circuit court is sought to be supported by citation of Fowler v. Hunt, 48 Wis.… Gussart v. Greenleaf Stone Co. Page 43 Tbe verdict and judgment for plaintiff rest upon tbe failure of defendant to warn or instruct tbe plaintiff relative to tbe dangers attendant upon tbe work of stopping cars under tbe following circumstances: Tbe defendant is operating a stone quarry and manufacturing and skipping lime and crushed stone at Greenleaf… Giving the record before us the most favorable construction it will bear upon the facts admitted by the demurrer to the return to the writ of mandamus, it shows simply an attempt by the petitioner to’compel the common council to proceed with the performance of its quasi-judicial or legislativa duties respecting the… Tbe appellant assigns error because tbe trial court refused to instruct tbe jury as requested by her counsel and in giving certain instructions hereinafter noted.… The appellant assigns error because the trial court denied his motion to dismiss the respondent’s appeal to the circuit court from the award of commissioners, based on the ground that such appeal did not include the award of nominal damages to Mary E.… This relates to a different award made in the same condemnation proceeding under consideration in Marsh v. Milwaukee L., H.… The appellant is a corporation and in March, 1895, succeeded to the general mercantile business of Put-ney Bros, (a copartnership) carried on in a store abutting on Broadway in the city of Waukesha.… The record in this case is very defective in not presenting the complete petition for condemnation nor the franchise ordinance under which the respondent was operating in the streets of Waukesha, hut enough can he gathered therefrom to inform the court that it is the same corporation, acting under the same franchise… There is evidence tending to show that tbe real estate in question was substantially damaged by tbe maintenance and operation of tbe interurban1 electric railway.… The principal errors assigned npon the appeal to this conrt and the only errors necessary to he noticed are in refusing to instruct the jury as requested by the appellant and in giving to> the jury the instructions hereinafter referred to.… Kaley v. Ostrand Page 52 This action was begun before a justice of the peace.… The sole question presented on this record relates to the ruling of the trial court in excluding evidence as to the quality of the wood and that there was no implied warranty of the quality in the sale thereof upon the facts as stated.… Ryan v. Dockery Page 54 We think that the court was entirely right in changing the answer to the second question of the verdict; but, as a verdict for the defendant should have been directed upon the undisputed evidence, neither this question *434nor tbe other detail errors claimed by the plaintiff are important.… Mead v. Simpson Page 55 As seen by the statement, sec. 3754, Stats.… The question most strenuously urged upon the attention of tbe court relates to tbe inconsistency of tbe answers of tbe jury to questions No. 1 and No: 8.… Schlesinger v. Ellinger Page 57 It is conceded, as it must be, tbat the lower court was not warranted in refusing to vacate the order requiring production of books and papers, if the 'prima facie showing made in the moving papers for such order, tbat such books and papers were in the possession or under the control of plaintiff, was fully rebutted.… Village of Prentice v. Nelson Page 58 1. The first criticism is that many of the necessary-allegations of fact are supplied only by conclusions of law, illustrating by the allegation that defendant Nelson was “the duly qualified treasurer of the plaintiff village” between certain dates and that his bond was “duly approved” and his *459successor “duly… Chase v. Maxcy Page 59 The only question raised is whether the trial court held correctly, under the provisions of sec.… James Music Co. v. Bridge Page 60 The evidence shows conclusively that the sale of the property in question by the defendants to Peckham was complete before any contention arose between the parties.… Comstock v. Boyle Page 61 It was conceded by respondents that the judgment was erroneous and must be reversed because the answer contained neither affirmative defense nor counterclaim, but only a general denial, and in such case the proper judgment, if plaintiff fails to prove title, is a judgment of nonsuit.… Sherwood v. Hulett Page 62 Error is assigned because the court instructed the jury that anything said by defendant’s wife rei-specting the character of the horse prior to the time the contract was made, September 26, 1904, was immaterial.… State v. Wisnewski Page 63 Several questions are discussed by counsel on both sides with much ability respecting the power of courts over attorneys, and whether it is necessary that the relation of attorney and client should exist, in order to warrant the court in a summary proceeding like the one before us to order the payment of money into… Howard v. Beldenville Lumber Co. Page 64 Did the court err in refusing to direct a verdict in favor of the defendant, due motion therefor having been made % That is the first proposition submitted for consideration.… Sharpe v. Hasey Page 65 The case, primarily, turns on whether a farm building commonly called a tobacco shed is a building for trade or manufacture within the meaning of sec.… McMillan v. Fond du Lac County Page 66 The appellant claims that the defendant city erroneously charged against his property part of the costs for the 1902 improvement of the street on which it abuts, upon the ground that this property is not subject to assessment for this improvement under the provision of the city charter to the effect that the cost of… Douglas v. State Page 67 1. The main contention on the part of the plaintiff in error is that the evidence is not sufficient to support the verdict.… The city in its complaint averred its corporate organization and existence and that of the defendant; that the plaintiff was at the times mentioned in the complaint conducting and maintaining a free and accredited high school under the laws of this state, and defendant conducted a system of public district schools… Gooding v. Doyle Page 69 The order striking out as irrelevant portions of the answer is not appealable under sec.… Several questions are argued in the briefs of counsel which need not be discussed at any great length.… Herbst v. Land & Loan Co. Page 71 The amended reply admits that the lands in question were taxable in 1895; that tbe taxes for tbat year were unpaid and returned delinquent to tbe county treasurer, wbo duly advertised and sold tbe land for tbe nonpayment of sucb taxes; tbat tbe county clerk executed a deed of tbe land purporting to be based on tbe… Hein v. Mildebrandt Page 72 1. Whether it was established as matter of law that Mein was the local selling agent within the meaning of the contract of sale and made the sale to respondent is the only serious question on this appeal.… Donner v. Graap Page 73 The trial court in granting the order appealed from states as the reason therefor: “That the complaint is based upon a careless and negligent battery on plaintiff, and that the limitations prescribed by sec.… Emigh v. Earling Page 74 The first and probably the most earnestly contested question of fact was whether the transaction between the Jennes in October, 1902, constituted a turning over of the former’s property to Brown as an individual or, instead, to the hank, for its corporate purposes, with Brown serving merely as nominal custodian of… Hagan v. McDermott Page 75 Plaintiff seeks to set aside a conveyance of real estate executed by him on May 2, 1902, to Margaret Hagan, upon the ground that it was fraudulently obtained from him.… Williams v. Eau Claire County Page 76 At the county treasurer’s sale of lands for delinquent taxes on May 17, 1904, the appellant purchased for the sum of $91.43 a certificate of tax sale on the east one-half of lots 31, 32, 33, 34, and 35 in block 25 of the city of Eau Claire.… Eisentraut v. Cornelius Page 77 This is an action in equity by the plaintiff, as administratrix of the estate of Carl Hitzsche, deceased, for a discovery of the property of his estate and for an accounting with the defendants.… Behrendt v. Burns Page 78 The history of this case is quite fully detailed in the findings of fact, which are supported by the evidence.… Davis v. State Page 79 The defendant was convicted in the municipal court for the eastern district of Waukesha county, under sec.… Tbe sole question before tbe court on this appeal is tbe assigned error of tbe trial court in vacating that part of tbe preliminary injunction which restrained tbe defendant from passing any resolution or ordinance declaring tbe contract set forth in tbe complaint to be null or void, and from doing any act for tbe… The trial court evidently felt constrained in his construction of the release in this case by what he termed a strict rule of law applicable thereto, to the effect that the general words of the release, acknowledging full payment and satisfaction of all claims by reason of the injuries received on defendant’s car on… *20The following opinion was filed January 8, 1908: The action is brought to recover on account of gross negligence of the defendant, and the facts pleaded constituting said gross negligence so far as relevant here are: “That the agents of the defendant operating the car before it reached the crossing knew and… Kersten v. Weichman Page 83 The following opinion was filed January 8, 1908: 1.… Schultz v. State Page 84 The following opinion was filed January 8, 1908: Several errors are discussed in the briefs of counsel, and such of them as are regarded necessary to be treated will be considered.… Vought v. State Page 85 The following opinion was filed January 8, 1908: There is evidence tending to show that tbe defendant Yought and McDonald were members of tbe board of supervisors of the town of Morse, Ashland county, and Collins chairman of tbe board, Peter Eisbbacb highway commissioner, and Templin town clerk; that on the 1st day of… Langley v. Sanborn Page 86 The following opinion was filed January 28, 1908: Among the many questions of fact and law controverted by counsel there is one the answer to which is so fundamental and decisive of the case as to render consideration of'the others immaterial.… State v. Pederson Page 87 The following opinion was filed January 28, 1908: The first question is whether the action shotdd have been dismissed because not brought by the attorney general, but by private counsel employed by the state treasurer.… *166Tlie following opinion was filed January 28, 1908: Did tbe court err in bolding tbat tbe evidence was not sufficient to support tbe answer of tbe jury to tbe third question?… Frame v. Plumb Page 89 The following opinion was filed January 28, 1908: The first question raised upon the motion to dismiss the appeal relates to the nature of the proceeding in which the order appealed from was entered.… Salchert v. Reinig Page 90 The following opinion was filed February 18, 1908: Appellant’s most urgent contention is that the trial court erred in refusing to direct verdict for defendant, or to insert answers in the special verdict negativing the promise of marriage, and that he also erred in not setting aside the verdict as opposed by great… Holman v. Mineral Point Zinc Co. Page 91 This is a statutory action to abate a private nuisance and to recover damages for the injuries thereby occasioned.… The town of Plymouth, in this state, furnished aid to one Christina Eade and presented a bill to the plaintiff, which was paid.… For the reasons stated in the opinion filed herewith in Holman v. Mineral Point Zinc Co., ante, p.… Kortendick v. Town of Waterford Page 94 From the attitude of respondent’s counsel upon this appeal we apprehend the nonsuit was granted for some, or all, of these reasons: (1) There was no credible evidence of the defect in the highway which caused the alleged injury to the horse having existed a sufficient length of time before such injury to enable the… Will on Dardis Page 95 *461Tlie following opinion was filed March 10, 1908: The very earnest contention of appellants-that, when all parties to a litigation stipulate or consent to 'certain action by the court, such stipulation should be carried into effect is undoubtedly correct as a general proposition, though obviously with some… Nichols v. Jung Shoe Co. Page 96 The plaintiff was a tenant of the defendant corporation and sustained injuries by falling into a basement stairway on a dark night while leaving his leased residence on some ordinary errand by a private way extending along the south side of the defendant’s store and warehouse from the west line of plaintiff’s leased… The plaintiff, as administratrix of the estate of her deceased husband, Ernest Longhenry, sues to recover damages received by her said husband while in the employ of the defendant and performing his duty as brakeman, as well as damages for his death which resulted from such injuries on the following day.… The new trial was granted in the exercise of the discretion of the court and not for error.… Bleser v. Stedl Page 99 The court found that plaintiff authorized Nolan to receive payment of the principal of the note and so informed the defendant at the time of its execution, and that Nolan, under such authority, received part payments of the principal of the note on December 7, 1901, and December 17, 1904, amounting to $400.… Chandler v. Hinds Page 100 Tbe defendant contends that the court committed prejudicial error in refusing to receive in evidence his letter to the plaintiff notifying plaintiff that he was compelled to vacate the premises on account of their untenantable condition and surrender them to plaintiff.… Huntzicker v. Crocker Page 101 The plaintiff brought action under sec. 3186, Stats.… Williams v. Williams Page 102 ITenry V. Williams died November 19, 1900, leaving real and personal estate which he devised and bequeathed: (1) Use of all to' his widow, Elizabeth, during her natural life, with full power and authority to manage and control tire same; (2) household furniture to his daughter’, Cora A.• — this gift to take effect at… Gabbert v. Hackett Page 103 It is conceded that the controlling question on tbps appeal raised by the assignments of error is whether the relation of the plaintiff to the traction company was such as to entitle him to that high degree of care due from the carrier to the passenger.… Yunkes v. Racine-Sattley Co. Page 104 It :s ai’gued that the court erred in denying plaintiff’s motion to amend his complaint, because it prevented him from showing the negligence which caused him the injury of which he complains.… Dungan v. State Page 105 The errors assigned; by the plaintiff in error are predicated upon the failure of the court over objection to prevent abuse by the prosecuting attorney of his right of cross-examination of the defendant.… The principal contention on appellant’s part is that contributory negligence so conclusively appears from the evidence that the trial court should have directed a verdict in defendant’s favor.… The appellant assigns as error the refusal of the court to give an instruction requested in his behalf and the giving of an instruction requested by the defendant.… Karns v. Allen Page 108 1. Error is assigned because the court gave judgment against all defendants for the entire damages resulting from the erection and maintenance of the dam.… Lewis v. Town of Eagle Page 109 There is a fundamental defect in appellants’ case as to the general tax of $1,000.… The following opinion was filed March 10, 1908: At the threshold in the consideration of this case is presented the question of whether a defendant can challenge the jurisdiction of the court in which he is cited to appear, upon the ground that the summons in the action was not efficiently served, and failing in that… Buchman v. Jeffery Page 111 The following opinion was filed March 10, 1908: The jury in this case found plaintiff guilty of contributory negligence which, by virtue of the instructions, might have been based upon that particular phase of contributory negligence more commonly designated assumption of the risk.… Tbe following opinion was filed March 10, 1908: Tbe pleadings are unnecessarily voluminous, covering 835 printed pages.… Application of Clark Page 113 Tbe following opinion was filed March 10, 1908: Respondents’ motion to dismiss tbe appeal because tbe appeal was not perfected within tbe time prescribed for appealing from orders raises an issue of fact upon tbe affidavits of tbe attorneys for tbe respective parties and presents a sharp conflict of evidence on tbe… Tbe judgment of tbe circuit court awards to tbe plaintiff as damages for taking tbe land by tbe defendant for its right of way tbe sum of $66,900, besides interest and costs, but further adjudges that if tbe defendant within a specified time furnishes tbe plaintiff with a crossing tbe collection of $53,100 of said… Hamachek v. Duvall Page 115 We have carefully examined the evidence and find no good ground for- disturbing any of the findings of fact which were in dispute upon the trial concerning the location of the lines of the original gift or the.… Wells v. Andreas Page 116 A careful review of the record satisfies us that the verdict, so far as it finds that respondents within the life of the commission contract procured a customer for appellant’s farm and that the former did not release the latter from liability under such contract, is supported by credible evidence.… A. B. Kuhlman Co. v. Cave Page 117 Tbis is an action upon a written guaranty.… There seems to be some misunderstanding on the part of counsel as to what was submitted to tire trial court for adjudication.… Tbe allegations of tbe complaint are in effect tbat defendant without good cause renounced and terminated tbe insurance contract held by James Slocum, tbat plaintiffs are tbe last-named beneficiaries in tbe policy, and tbat they as such beneficiaries have suffered damage by reason of such wrongful termination of tbe… State ex rel. Rowe v. Krumenauer Page 120 It is established without dispute that at the time this action was commenced the tax roll had passed from the possession and control of the defendant town clerk and into the possession of the defendant town treasurer.… State ex rel. Rowe v. Florin Page 121 This case is ruled by State ex rel. Rowe v. Krumenauer, ante, p.… State ex rel. Rowe v. Berlin Page 124 This case is ruled by State ex rel. Rowe v. Krumenauer, ante, p.… Mannel v. Shafer Page 126 The appellant urges a review of the court’s findings of fact upon the ground that they are against the clear preponderance of the evidence; ' From the foregoing statement of facts it appears that the court found the evidence establishes that defendant committed a fraud upon plaintiff by wilfully misrepresenting to her… The first question suggested for consideration has reference to whether error was committed in the reception of evidence.… O'Keefe v. Stephenson Page 128 Tbis is an action upon contract to* recover an agent’s commission.… Tbe controversy on this appeal relates to tbe finding of tbe court tbat there was a stated account between tbe parties.… Jones v. Tobin Page 130 There was evidence tending to prove that the highway in question, forming the northern boundary line of plaintiff’s land, was laid out four rods wide on a section line; that for a number of years it was unfeneed, but was *287worked and traveled, and that the working consisted of grading np approximately twenty feet in… Laugesen v. Sanford Page 131 This is an appeal from an order denying an application to amend the petition for lien, complaint, and judgment entered in a mechanic’s lien foreclosure.… Bestor v. Inter-County Fair Page 132 This is a certiorari proceeding brought to reverse the judgment of a justice of the peace of Sauk county.… Wood v. Town of Washington Page 133 Tbe complaint states a cause of action for tbe value of services rendered by tbe plaintiff wbicb tbe defendant agreed to pay.… Lusk v. Stoughton State Bank Page 134 There is nothing in the record before this court from which we can ascertain when this action was commenced.… Meinecke v. Smith Page 135 The proper construction of the contract referred to in the statement of facts is the main question for-consideration here.… Dralle v. Town of Reedsburg Page 136 On the motion for a new trial it appeared from the affidavits of the jurors that on the morning of April 25, 1901, at about 8 :30 a.… Laing v. Williams Page 137 The appellant’s brief contains no assignments of error, is very discursive, and great difficulty is experienced in ascertaining what specific grievances sb© complains of.… State ex rel. O'Neill v. Trask Page 138 The court rejected the votes of Mr. Town-sley and Mr. Kailin, which the inspectors of election had received and counted in favor of the defendant.… The drainage district was organized under secs.… Loverin & Browne Co. v. Travis Page 140 The right of plaintiff to recover is resisted by the defendant on the ground, among others, of revocation and her inability as a married woman to renew the guaranty thereafter.… 1. The first contention made isi that a verdict for defendant should have been directed because the proof was undisputed that the truck wa's left by its employee in a perfectly safe position.… French v. Fidelity & Casualty Co. Page 142 The first question presented for determination relates to the alleged warranties found in statements.… Donnelly v. Sampson Page 143 This case is ruled by the familiar principle that in case of a wrong to a corporation, remediable only by judicial interference, and the persons possessing the primary right as its officers to move in that regard fail upon demand or request being made by a stockholder, or stockholders, to do so, or without such… Litts v. Goss Page 144 We are unable to see any questions for consideration in this case except such as appertain to whether the findings of fact are against the clear preponderance of the evidence.… Teipner v. Teipner Page 145 Error is alleged on plaintiff’s appeal upon the court’s denial of his motion to amend the complaint, after all the evidence in the case had been received, to the effect that the partnership was dissolved in 1892.… The conditions of the policy in question were very specific to the effect that the monthly payment must be made on the 1st day of the month without notice, and, if not so made, then that there should be no liability for an accident happening after the default took place and be*428fore tire premium was actually paid… Brown v. Dunn Page 147 It is established as a general rule of law, both in our own court and in the courts of the United States, that where by the original survey and government plat a tract of land appears to have as its boundary a body of water, such body of water is a natural monument and will constitute the boundary, however distant or… Mielke v. Dodge Page 148 As appears from the findings, the court below found all the facts necessary to establish the defendant’s-title by adverse possession, and found that the fence had always been maintained on the line where originally placed *391for more than twenty years, and that defendant by herself and immediate grantors had always… Wegwart v. Beneditz Page 149 On March 14, 1907, the plaintiff recovered judgment against the defendant in an action for goods, wares, and merchandise sold and delivered, money loaned, and labor and services performed, in the sum of $1,802.60 damages and costs, upon a summons and verified complaint on January 17, 1907, duly served upon defendant.… Roach v. Sanborn Land Co. Page 150 The first question raised on appellant’s brief relates to the invalidity of the tax deeds, and numerous defects are pointed out which seem fatal to these instruments as conveyances of the land.… Lathers v. Mutual Fire Insurance Page 151 Under the rules governing the subject, it is the opinion of the court that no legitimate ground exists for disturbing the decision of the trial court in this case on the controverted matters of fact.… Fraser v. Fargo Page 152 This is an appeal from an order denying the application of the appellants to change the place of trial on the ground of the prejudice of the presiding judge.… Tie condition of tjie record leaves tie question of tie navigability of tie Lemonweir river somewhat uncertain.… Wenger v. Marty Page 154 The first error assigned is the exclusion of evidence of plaintiff’s statements made to the defendant before the contract was entered into as to the measure of his skill and ability as a cheese-maker.… McDonald v. Sullivan Page 155 The plaintiff claims that under the allegations of his complaint the deeds which he attacks are shown to be invalid as to> him upon two grounds: First, because made with intent to defraud prior or subsequent purchasers of the land, contrary to the provisions of sec.… Brink v. Mitchell Page 156 The court concluded that the option contract and the lease were substantially contemporaneous in time, related to the same subject matter, and aimed to' carry out the common purpose that defendants should lease tlio premises to the plaintiff upon th© terms specified for the period of one year, with the right of the… Olson v. Hawkins Page 157 Tbe appellant brought an action for false imprisonment against the defendant Hawkins, who was mayor of the city of New Richmond and who took some part in the prosecution, Beebe, who was acting as police justice of that city, and O'Brien, the officer who< executed the warrant and commitment, in an action against Olson… It conclusively appears from the evidence that the deceased was in full possession of all her faculties; that she was accustomed to handle horses; that she was driving a gentle team entirely under control at all times; that she was acquainted with the crossing and its surroundings ; that she had driven across it… Gessner v. Roeming Page 159 If there was any credible evidence which, most favorably considered and with the aid of all inferences which might reasonably be drawn, tended to establish that defendant Roeming, on behalf of himself or on behalf of a partnership' consisting of himself and Opperman, requested the furnishing of board by the plaintiff… Hammond v. Erickson Page 160 "Whatever effect a tender may have technically to discharge the lien of a mortgage, a subject treated at some length in Kortright v. Cady, 21 N.… Fred Rueping Leather Co. v. Watke Page 161 The contention on the part of the appellant is that there was sufficient evidence to go to the jury on the issues raised, therefore the court erred in directing a verdict for plaintiff.… Haessly v. Secor Page 162 This is an appeal from an order overruling a demurrer to the plaintiffs’ amended complaint.… Sanders v. Sanders Page 163 The court awarded judgment of divorce upon the ground that the evidence established that the parties had voluntarily lived entirely separate for the space of *615five years next preceding the commencement, of the action.… Gilbert v. Auster Page 164 It appeared from the amended complaint demurred to that on January 14, 1902, the respondent Emil Auster, at the United States land office at Ashland, Wisconsin, made a timber and stone cash entry under the laws of the United States of the southeast quarter of section 33, in township 46 north, of range 9 west.… Bailey v. Bailey Page 165 This is an action for divorce on the ground of cruel and inhuman treatment, and the first error assigned relates to the finding of the court that the allegations of the complaint have not been proven, it being urged on behalf of the appellant that the finding is against the overwhelming preponderance of the evidence.… 1. The defendant is a common carrier and as such contracted with the plaintiff to transport the horses and other personal property in question from Saxon to> Ashland for the usual consideration.… Perkinson v. Clarke Page 167 Tlie appellant challenges the finding of the court that Rhoda J.… The procedure adopted in determining the issues presented by the pleadings in this action was informal and irregular and cannot be approved.… Hyman v. Landry Page 169 The supposed controlling reasons given by counsel for appellant why the complaint does not state facts sufficient to constitute a cause of action are: First.… United States Gypsum Co. v. Gleason Page 170 The dominant question arising upon the issues and th'e facts found by the court is: Do the contract and bond, taken together, constitute an obligation whereby the plaintiffs secured the right to demand payment of the sureties for unpaid material furnished by them and used in the buildings constructed by the county?… Hoeffler v. Carew Page 171 1. The first assignment of error is upon the court’s refusal to direct a verdict for the defendants, the-motion being predicated upon two- contentions: First, that no delivery was shown sufficient to pass title from Lap-ine to plaintiff inter sese; second, that there was no- proof of an *609“immediate delivery… Erickson v. Hammond Page 172 As shown by the above statement, the court determinecl that the respondent acquired a mortgage lien on the premises subject to the interest acquired by Anna J.… Beach v. Bird & Wells Lumber Co. Page 173 Tbe defendant owns and operates a line of railroad in Marinette county in connection witb its logging and lumbering business, and bas for some time and to a limited extent been carrying freight and passengers for bire on said railroad.… The highway crossing in question was not within a city or incorporated village, hence it was within the terms of that part of sec.… Gillotti v. State Page 175 I do not concur witb the majority in condemning the evidence of the sheriff as hearsay.… Lyndon Lumber Co. v. Sawyer Page 176 The appellant contends that the demurrer to tbe answer and tbe counterclaim should have been sustained, because the facts alléged constitute no defense nor facts constituting an estoppel, nor grounds for affirmative relief upon a counterclaim.… Wisconsin River Land Co. v. Selover Page 177 The defendant’s claim is that he was a subsequent purchaser in good faith and for a valuable consideration of the lands in question, and that since his deed was first duly recorded he is protected in his title, as against the plaintiffs previous unrecorded conveyance, by the terms of the recording act.… Holloway v. H. W. Johns-Manville Co. Page 178 In addition to- its main contention that a verdict for the defendant should have been directed, the appellant in its brief assigns a number of detail errors; but as counsel upon the argument expressly waived consideration of these minor errors and insisted only upon the general claim of insufficiency of the evidence… R. Connor Co. v. Ætna Indemnity Co. Page 179 The following opinion was filed March 31, 1908: The trial court sustained the demurrer to the complaint upon the ground that the undertaking on the bond was for the protection of the school district only, and that it contained no promise or obligation to pay any sum to any person, corporation, or class of persons… Appeal of Rottenberger Page 180 The following opinion was filed April 17, 1908: 1.… Appeal of Koch Page 181 *239The following opinion was filed April 17, 1908: This case is ruled by In re Sorieon Drainage District: Appeal of Rottenberger, ante, p.… Franzen v. Hammond Page 182 The following opinion was filed JVIay 8, 1908: We are unable to discover any warrant for disturbing the findings of fact.… Fallon v. Vandesand Page 183 The following opinion was filed May 8, 1908: In this action to recover $200 for money loaned, the jury returned a verdict for defendant.… State ex rel. McGovern v. Williams Page 184 The present application is confessedly addressed to the power vested in this court by the constitution of superintending control over inferior courts.… The appeal presents the question of whether the rule that when an insurance company has been compelled to pay or has paid a loss covered by its policy, it is thereby subrogated to the rights of the insured to the extent of such payment against a third person who wrongfully caused the loss, applies to a payment made by… Carney v. Carney Page 186 This is a will contest. The testatrix, Mary E.… 1. The first assignment of error is absence of evidence to support the finding of a liability secured by the mortgage for $119.25 of fines, or of any sum, for the reason that no proof was made of by-laws authorizing such fines, nor of any corporate action imposing them.… State ex rel. Weller v. Hinkel Page 188 Corporate stock is property within the meaning of our taxing laws; therefore it must be, and is, conceded that stock in a trust company is taxable to the individual owners the same as property generally under sec.… Kozik v. Czapiewski Page 189 The appellant’s brief contains no assignment of errors, and if any supposed error is not expressly considered he may ascribe the omission to that failure of the brief.… Agnew v. Baldwin Page 190 Tbe following opinion was filed June 5, 1908: It seems plain that by stipulating to 'the entry of tbe judgment tbe defendant waived bis right of appeal therefrom.… Egan v. State Page 191 Tbe plaintiff in error, hereinafter called defendant, was charged in the information with the crime of burglary in the daytime under sec.… Scollard v. Bach Page 192 Tbe only question raised by tbe demurrer is whether, in tbe following contract, tbe consideration is sufficiently expressed to satisfy tbe requirements of tbe statute of frauds, sec.… Maxon v. Gates Page 193 Tbe following opinion was filed June 17, 1908: Counsel for appellant concede that the issue raised by tbe answer, that tbe contract of January 8, 1900, was executed conditionally, is settled by tbe special verdict in view of tbe conflicting testimony.… Elsner v. Dorn Page 194 Appellants assert in effect that it is inequitable under the circumstances to sell first for satisfaction of the mortgage debt the portion of the premises not included in the mortgagor’s homestead.… Okershauser v. State Page 195 The plaintiff in error was convicted in the-municipal court of Milwaukee county and sentenced to imprisonment in the house of correction for one year after having been found guilty by the verdict of a jury.… In the absence of the statutory provision — sec.… Tbe following opinion was filed June 5, 1908: The appellants, as owners of land which petitioner seelcs to condemn for railroad uses, aver that petitioner is not authorized to take their lands for railroad purposes, because it has not complied with tbe statutory requirements to entitle it to exercise tbe right of… The following opinion was filed June 17, 1908: Justice Timlin having been of counsel in this case and not sitting, the court, after a careful consideration of the questions involved, is equally divided; three justices favoring affirmance and three reversal.… Weber v. Swallow Page 199 The plaintiff and the defendant were both using the street crossing as travelers, the former with his bicycle and the latter with his automobile.… The following opinion was filed June 5, 1908: The permanent appropriation of land for railway purposes is a taking within the meaning of the constitution of this state, which provides that private property shall not be taken without compensation.… State ex rel. Engle v. Hilgendorf Page 201 Tbe contention is made on behalf of the respondent that the justice’s court never acquired jurisdiction of his person, for the reason that the return of the constable shows that there was no proper service of the summons.… Ferguson v. Jansen Page 202 This action was brought by tbe appellant as trustee in bankruptcy of tbe C.… Pollock v. State Page 203 The plaintiff in error was charged with the murder of one Frank Tomlinson, September 6, 1906, at Milwaukee, and was convicted of manslaughter in the second degree, and prosecutes this writ of error to reverse the judgment which followed his conviction.… Hamann v. Milwaukee Bridge Co. Page 204 The appellant first contends that there was no1 evidence from which the jury could find that the method adopted for lowering the machine in question was not reasonably safe.… Inglis v. Fohey Page 205 Hie defendants’ contentions are, in substance, that the agreement between Fohey and the plaintiff, made on April 28,11906, is so indefinite, uncertain, and vague that it is not enforceable as a land contract, and that the evidence admitted by the court, showing the circumstances under which it was made and the… Vohland v. Gelhaar Page 206 The defendant contends that the finding of the jury that he agTeed to repurchase the stock sold the plaintiff within one year from the date of sale is not supported by the evidence, and consequently that such an agreement, if made, no part thereof having been reduced to writing, was void under sec.… Pfeiffer v. Marshall Page 207 Upon the established facts we see no escape from affirmance of the judgment, and therefore consideration of many of the alleged errors discussed by the appellants is rendered unnecessary.… Montgomery v. State Page 208 The motions and pleas interposed on behalf of the defendant challenging the sufficiency of the information and urging former jeopardy are fully met by the decision of this court on the first appeal.… Elwell v. Adder Machine Co. Page 209 The complaint concedes that the respondent entered into the contract in question and that he failed to perform on his part and withdrew from the contract.… Bonnett v. Vallier Page 210 The complaint shows that respondent would he specially injuriously affected by enforcement of ch.… Lehr v. Murphy Page 211 Only the first and. fifth grounds of demurrer are argued in the briefs of counsel for respondents.… The following opinion was filed June 5, 1908: Limited powers of condemnation have been given to street and electric railway companies by our statutes (sec.… The attorney general asserts that his cause of action is that declared or created by sec.… (dissenting)'. The opinion filed on behalf of the court in this case contains so much with which I heartily concur that I am perforce driven to a statement of certain personal views inconsistent with some parts thereof as I apprehend their meaning.… Tbe primary and most earnestly argued question is whether the act (sec.… Lanham v. Lanham Page 216 Sec. 2330, Stats. (1898), as amended by cb.… Hoffman v. Rib Lake Lumber Co. Page 217 The plaintiff, an infant employee of defendant, recovered in the circuit court for Wood county judgment for $5,000 damages for personal injuries incurred by plaintiff coming in contact with an exposed gearing in the defendant’s sawmill.… Lessig v. Lessig Page 218 1. The motion to open the judgment and set aside the default and allow the defendant to plead was a motion addressed to the sound discretion of the court.… Laughy v. Bird & Wells Lumber Co. Page 219 No contention is made but that tbe jury were warranted in finding tbat appellant’s track and roadbed were defective, causing the derailment of tbe engine tender and consequent necessity, under tbe circumstances, for respondent to jump from tbe moving car, and no substantial controversy as to tbe law governing tbe case.… Stelting v. Bank of Sparta Page 220 The evidence shows, quite clearly, that appellant employed Bartlett to procure a purchaser for its Dakota land; that pursuant thereto he assumed to point out the land to plaintiff’s representative; that relying thereon the contract sought to be annulled was made, and that neither party thereto, at the time thereof… Likens v. Likens Page 221 It is strenuously contended by appellants that the sale to Miles under the foreclosure suit and transfer of the land by him to Benjamin F.… Anderson v. Anderson Page 222 The parties are sister and brother, children of John J.… Lipsky v. C. Reiss Coal Co. Page 223 Primarily the appellant contends that the verdict is wholly without evidence in its support.… Redepenning v. Town of Rock Page 224 The appellant alleges numerous errors. We however deem it sufficient for the disposition of this case on appeal to treat only those which were discussed in argument.… State ex rel. Gottschalk v. Miller Page 225 The record shows that the court heard the cause upon its merits on the return to the writ.… The only question involved in this case is-whether the appellant violated sec.… Among some sixty-nine assignments of error is presented one question the answer to which, as we have determined upon it, is so conclusive not only of this appeal but of the final merits of the case that we shall rest the decision thereon without discussing the other assignments.… Brew v. Nugent Page 228 Tbe following propositions are affirmed and submitted by appellant’s counsel as grounds for a reversal: (1) Tbe verdict and finding tbat tbe fence as constructed for tbe north boundary of lots 12 and 17 some thirty or forty years before tbe controversy arose was properly placed is not supported by any credible… Richer v. Carlson Page 229 Respondent brought an action in justice’s court, averring in bis complaint: “above-named plaintiff became tbe owner of and went into possession” of a certain piece of land, describing it.… Considerable discussion is devoted to the proposition that the mandate of this court expressly prohibited the entry of any judgment for interest.… Defendant assigns as error: (1) Failure of tbe court to direct a verdict in its favor; (2, 3, 4) refusal to change tbe answers to tbe first, second, and third questions in tbe special verdict from “Yes” to “No,” and (5) refusal to enter judgment for defendant on tbe verdict as so amended.… Schoenmann v. Whitt Page 232 It is perfectly apparent that the signing of this paper by the defendant did not make a contract.… Blankavag v. Badger Box & Lumber Co. Page 233 1. Error is assigned because the court refused to render judgment for defendant upon the undisputed ■evidence and change the answers of the jury to the questions in the special verdict.… Trego v. Roosevelt Mining Co. Page 234 The questions submitted in the special verdict show that the court held that plaintiff’s action was to recover the balance of the purchase price for the roaster plant specified in the contract of the parties, and that defendant counterclaimed damages for a breach of the agreement that the plant, when completed, would… The plaintiff moved to strike out the answer, of the jury to the single question of the special verdict and insert in lieu thereof an affirmative answer and for jirdgment in its favor, and also moved for judgment notwithstanding the verdict.… Daubner v. McFarlin Page 236 This cáse presents merely questions of fact as to which the evidence was, to say the least, fairly conflicting.… Johnson v. Tucker Page 237 The appellant seeks a reversal of this judgment on three grounds: (1) Because the relation of landlord and tenant did not exist between the parties to the suit.… Reffke v. Patten Paper Co. Page 238 Tbe appellant urges numerous errors. They need not all be considered, in view of our conclusion that, tbe special verdict does not cover tbe material issues witb sufficient certainty to show unequivocally bow tbe jury resolved tbe issues litigated.… State v. Morrin Page 239 Tbe only question presented' is whether the fish and game laws apply to the defendant, a Chippewa Indian, bom within the jurisdiction of the United States and residing within the territory ceded by the Chippewa Indians to the United States by the treaty of September 30, 1854.… Twentieth Century Co. v. Quilling Page 240 Whether, technically, the court erred in refusing to try the case without a jury, and we do not intend to suggest that it did so err, such, error was not harmful.… Village of Little Chute v. Van Camp Page 241 The defendant was convicted of violad ing an ordinance of the plaintiff village reading as fallows: “All saloons in said village shall be closed at 11 o’clock p.… Larzelere v. Wood Page 242 The only question upon this appeal is whether there was any evidence sufficient to carry the case to the jury.… It appeared by the plaintiff’s own evidence that he had worked as brakeman or trainman in the employ of various railroad companies since boyhood, and was well acquainted with the ordinary methods of performing such work as well as with the ordinary dangers.… Grenawalt v. Roe Page 244 On August 25, 1906, the plaintiff, a farmer, sold to the defendants, tobacco dealers, by written contract, his crop of four and one-half acres of tobacco then on the field and partly harvested.… Johnson v. Fraternal Reserve Ass'n Page 245 The defense relied on, as indicated in the statement, is that the assured, Cecelia M.… We are met at the threshold of this case with the contention on the part of the defendants that no such transfer of the instruments sued on was.made as would entitle the plaintiff to maintain an action thereon, and that therefore the judgment must be affirmed regardless of any errors committed in the trial of the… Strange v. Oconto Land Co. Page 247 Appellant’s first contention is that the tax deeds described in the complaint “were void because the entire proceeding is based on, and all authority of the tax officers is derived from, the resolution acted upon by the county board on June 14, 1879, which resolution is of no force and invalid, because it did not… Goyke v. State Page 248 The municipal court of the city of Oshkosh and county of Winnebago was created by ch.… McNaughton v. Borth Page 249 Error is assigned upon the refusal of the-trial court to instruct the jury that if the defendants or either of them knew, or by the exercise of reasonable care- and diligence might have ascertained, the location of the-government quarter-post between sections 20 and 21, it was-their duty to have done so, and in… Sparling v. United States Sugar Co. Page 250 It is claimed that- judgment should have been rendered for tbe defendant because tbe evidence-conclusively showed, first, that tbe plaintiff assumed tbe risk or was guilty of active contributory negligence; second, that there was no negligence by defendant, and that if there was-negligence in failing to put up a… King v. Graef Page 251 It is well settled that contracts made in violation of the statute forbidding the doing of any business on Sunday are void and cannot be made the basis of a recovery in the law.… Rohrer v. Lockery Page 252 We need not consider the extent of the right of the vendor in a land contract who holds the legal title, though only in trust for the security of unpaid purchase money and for the equitable title of the vendee, to vindicate those rights against a mere stranger who wrongfully invades them, as by appropriating timber… State ex rel. Umbreit v. Helms Page 253 The following opinion was filed October 20, 1908: The important question presented by the record is whether this court, under its .power of superintending control over inferior courts granted to it by sec.… Jones v. Broadway Roller Rink Co. Page 254 We cannot doubt tbat the action attempted to 'be stated in tbe complaint and met by tbe answer was tbe action expressly authorized by sec.… Sicard v. Albenberg Co. Page 255 We are unable to agree with counsel for appellant that respondent failed to produce sufficient evidence in support of his claim as regards a contract having been made that he should have twenty-five per cent, of the profits realized in operating- appellant’s store during the period of his services, in addition to a… Hanson v. Superior Manufacturing Co. Page 256 There was clearly no negligence in the manner of construction of the car.… Chandler Lumber Co. v. Radke Page 257 . The following opinion was filed October 20, 1908: Error is assigned upon the holding of the trial court that the shipping of the lumber so that the purchaser, Schutte, could not obtain it at Madison except by paying the freight charges thereon was a departure from the terms of the contract, and evidence was offered… Converse v. Hamilton Page 258 It is conceded by counsel for both parties in this case that every controverted question therein involved was also involved and decided in Hunt v. Whewell, 122 Wis.… Converse v. McCauley Page 259 This case in all material respects is identical with Converse v. Hamilton, ante, p.… Kawiecka v. City of Superior Page 260 Generally speaking, insufficiency or want of repair in a highway is a question of fact for the jury, under instruction from the court as to what is meant by these terms in the statute.… At the very threshold of this case the court is confronted with the question whether mandamus is either a possible or a proper remedy conceding that all the facts are as relator claims them.… Givans v. Searle Page 262 This action was commenced by writ of attachment in justice’s court based npon the nonresidence of defendant.… The appellant assigns the following errors: (1) That the court erred in not granting the motion of the defendant for a new trial on the ground that the verdict was contrary to the evidence: (2) that the court erred in receiving the deposition of one Joseph Oayouette, for the reason *636that no sufficient notice of the… The question involved is whether the liability of the defendant as common carrier continued until the time of the delivery of the telescope or grip in question to plaintiff’s teamster on the morning of June 25, 1906.… Phalen v. Hershey Lumber Co. Page 265 The errors assigned by the appellant are very numerous and all of them have been carefully examined.… Tbe first and most important question is tbat of tbe true construction of tbe so-called automatic nonfor-feiture clause quoted in tbe statement of facts.… Paulus v. Hart-Parr Co. Page 267 Passing the question as to whether defendant had property in the state of Wisconsin at the time of service npon the assistant secretary of state, we proceed to examine the other ground urged by appellant to sustain the service, namely, that the cause of action arose out of business transacted in this state.… Ferguson v. Truax Page 268 (concurring). This case has now passed in review twice before this court.… Zoerb v. Paetz Page 269 The following opinion was filed September 29, 1908: The appellant strenuously contends that the first delivery of the deed to him was an absolute delivery, which passed title, and that he could not be divested *64of title by merely banding tbe same back to the scrivener, nor by anything short of the execution and… Stuart v. Farmers Bank of Cuba City Page 270 The following opinion was filed September 29, 1908: This ease, as presented by tbe record, is involved in muck confusion.… The following opinion was filed September 29, 1908 : This appeal involves questions of much importance to corporate and general interests, viz.: What is the scope of the Railroad Commission’s power relative to the issue of stock, stock certificates, bonds, or other evidences of indebtedness by railroad corporations… Hilliard v. Wisconsin Life Insurance Page 272 *211The following opinion was filed October 20, 1908: The grounds upon which judgment was rendered in favor of respondent are untenable, as the following will clearly indicate.… Chandler Lumber Co. v. Fehlau Page 273 Tbe following opinion was filed October 20, 1908: Tbe only question for consideration upon this appeal is tbe sufficiency of tbe notice of lien involved, which is as follows: “Notice is hereby given to Gustav Fehlau, tbe owner of tbe property to be affected by tbe lien herein mentioned, that tbe undersigned, the… Palin v. Probert Page 274 This is an appeal from an order overruling a general demurrer to the complaint.… Lynch v. Ryan Page 275 Tbe greater part of tbe briefs of counsel on both appeals is taken up in discussing tbe findings that all tbe repairs and improvements of tbe mortgaged property charged for by defendant in bis account, except tbe enlargement of tbe bam, were made by him with tbe knowledge and approval of tbe plaintiff and were… The city of Janesville, having adopted those provisions of the general city charter law relating to the building of sewers (secs.… Wheeler v. Milner Page 277 1. An examination of the evidence convinces us that the verdict is not without support therefrom, and therefore the assignment of error for denying plaintiff’s motion to set aside the verdict and grant a new trial cannot be sustained.… Poole v. Tannis Page 278 The following opinion was filed November 10, 1908: The court’s findings upon the conflicting evidence of the parties cannot be disturbed as being against the preponderance of the testimony.… Jackman v. Inman Page 279 Upon the trial tbe defendant produced a note and testified that it was in bis bandwriting, including tbe indorsements thereon, except tbe printed words and tbe words “Paid in full with int.” written across its face, wbicb words be states were not on it when be parted with possession of it.… Hanrahan v. City of Janesville Page 280 Tbe circuit court was entirely justified in bolding that- tbe claim in question was ambiguous as to ownership.… Claridge v. Evans Page 281 Tbe following opinion was filed October 20, 1908: In tbe foreclosure action tbe question is whether tbe mortgage of December 16, 1904, is void as a *223preference under tbe provisions of tbe bankrupt act.… Steele v. Korn Page 282 The exception to the court’s ruling on de-' fendant’s demurrer to the complaint upon the ground that it *56appeared that there was a defect of parties defendant to the action need not he considered, since he consented to the dismissal of the action as to Alice Korn and to making Florence Korn a party defendant.… Estate of Muellenschlader Page 283 As appears from the statement of facts, Charles Treloff as executor charged the estate with $150 for services and disbursements rendered for him as proponent and executor named in the will by George Sutherland, and the sum of $220.75 costs taxed in favor of said executor and against the contestants in the circuit… Anderson v. Savoy Page 284 The findings of fact, so called, do not appear to be contrary to the clear preponderance of the evidence, therefore they should not be disturbed.… Uecker v. Town of Clyman Page 285 ISTo right of action existed at common law against municipalities for injuries sustained by reason of a defective highway, and the only provision of our statutes creating a liability, out of which a cause of action might arise on account of a defect in a highway, is sec.… Dorner v. School District No. 5 Page 286 But two questions arise upon this appeal, and they rather narrow ones.… Hiroux v. Baum Page 287 Tbe plaintiffs theory of the case upon the trial below was that Cecil Baum was the agent or servant • of appellant and therefore the appellant was liable for Cecil’s torts.… Miller v. Kimberly & Clark Co. Page 288 It is conceded, as the fact is, that if appellant violated sec.… Jones v. De Muth Page 290 The absence of exception to any except the finding of reasonable value renders findings conclusive as to all other facts to which they relate, and thus, it is established that the plaintiff sold and delivered and the defendant purchased this cream separator, that such sale was consummated on or about October 14th… Foeller v. Heintz Page 291 The finding that respondent exceeded his authority by approving of a material departure from the •plans for the building, resulting in appellant failing to get what he bargained for, cannot be disturbed.… Jung Brewing Co. v. Konrad Page 292 Tbe trial court beld, in effect, tbat tbe written, contract in question was uncertain and indefinite in its terms, so that it could not be determined therefrom whether it required the defendants to ship a carload of malt every week to the plaintiff at Milwaukee without further ■orders, or whether it required the… It is obvious that defendant’s letter of October 11, 1901, offering to purchase plaintiff’s interest in the lands, referred to prior negotiations which formed the basis of the offer.… Lovesee v. State Page 294 *95The cause was reargued October 24, 1908, and the following opinion was filed November 27, 1908: The plaintiff in error was tried in circuit court on an information charging him in separate counts with adultery and fornication.… There was a special verdict by which the jury found the negligence of the defendant in permitting a saw to be used in its shop and factory without a guard or *157bood over it.… At the time of the accident plaintiff was twenty-two years of age.… Gratz v. Parker Page 297 The appellant insists that the order appealed from is erroneous (1) because a former judgment, rendered in an action brought by the same plaintiff against the defendant Adeline Parker upon the same cause of action, is res adjudícala as to the rights of the parties, and no examination should be permitted; (2) because… The respondent brought this action to recover damages, for personal injuries suffered at the crossing of a highway by defendant’s railroad, and the following facts appear without dispute: On the 17th day of May, 1906, in the forenoon, respondent, while going home from Menominee Ralls, was injured at Haylet’s Crossing… Guenther v. State Page 299 1. This record presents at the threshold very serious embarrassment because of the incongruous procedure upon defendant’s plea in abatement, which had attempted to assert the fact that he had been denied the very valuable right and protection of a preliminary examination, and thus was about to be subjected to trial… There is evidence tending to support the following facts: The plaintiff was between sixteen and seventeen years.old at the time of his injury, a dull-witted farm lad without mill experience and wholly illiterate.… This is an appeal from a judgment awarding a peremptory writ of mandamus against a village *137clerk commanding him to issue to tbe relator a village order for $49 for labor performed in.… Dorwin v. Hagerty Page 302 This is not a case wherein the trial court exercised its discretion to set aside the verdict of the jury and order a new trial because the verdict was against the preponderance of the testimony.… Thiel v. John Week Lumber Co. Page 303 We do not find it necessary to consider the errors assigned in detail.… Larson v. Foss Page 304 As will be seen by tbe statement, tbe case was submitted to tbe jury, supposing there was evidence tending to prove appellant’s son, either acting by apparent or mere assumption of authority, made the alleged contract with respondent; that the latter, in reasonable belief of such authority existing, joined in the… James Music Co. v. Hankwitz Page 305 No statement of the facts in this case is ■deemed necessary.… Town of Emery v. Town of Worcester Page 306 The action of the county board in dividing the town of Worcester was by authority of sec.… The defendant did not except to the order or ruling of the court directing a verdict.… As appears from tbe foregoing statement of facts, tbe common council found tbat tbe licensee was.… Frost v. Meyer Page 309 It is insisted on the part of the appellants that, this being an action in ejectment, the court had no jurisdiction to vacate the judgment and grant a new trial, except upon condition that the costs be paid and an undertaking filed as provided in sec.… Emerson v. McDonell Page 310 On July 28, 1899, the plaintiffs, claiming tbe land in question under a tax deed of June 6, 1899, began *265a.… State ex rel. Nelson v. Emerson Page 311 By settled rules obtaining in this state, the court, proceeding upon writ of certiorari, in giving final judgment can only affirm or reverse the judgment or determination reviewed under the writ.… Hyman v. Susemihl Page 312 Ob. 298, Laws of 1901 (sec. 614», Stats, r Supp. 1906), provides tbat: “The county board of supervisors in every county in tbe state of Wisconsin, shall, by ordinance or resolution, provide for one publication of a certified copy of all its proceedings had at any meeting, ...… Deragon v. Sero Page 313 Connsel for appellant cover a broad range .… Paulson v. Boyd Page 314 At the trial the defendant Boyd relied upon an agreement between him and Ellis, the payee in the note given by the defendant.… Pettingill v. Goulet Page 315 It is claimed that the court erred in restricting the damages caused by the felling and the removal of the trees, which were cut into cordwood, to their stumpage value, and in not holding that the value of the product of these trees, in the form of cordwood at the time it was re-plevied, was the true measure of… Kipp v. Smith Page 316 There was no direct evidence showing that the plaintiff knew the nature of the consideration given for the note in suit, but there was much evidence of a circumstantial character tending to show that he had considerable knowledge of the business in which the original payees of the note were engaged and of the… The appellant urges that the judgment appealed from is erroneous in the following particulars: (1) The court had no jurisdiction of the subject matter of the action.… Kate Pier and other owners of land sought to be condemned are appellants, and the Wisconsin Biver Improvement Company respondent.… Kopcyznski v. State Page 320 It is conceded, as the fact is, that — unless suggestions hereafter mentioned should be approved, giving to the words of tfie written law a different signification than tfie same words have commonly — tfie offense with which tfie accused was charged is the same as tfie common-law offense of felonious burning of tfie… Mootz v. Petraschefski Page 321 This action was brought upon the theory that in case the parties failed to agree the plaintiffs might pay $1,000 and be released from all obligations under the contract, except the payment to Otilia Petraschefski of $450, the $450 provided for Mrs. Langhoff having been paid by plaintiffs before the action was… Nelson v. A. H. Stange Co. Page 322 This appeal presents nothing but questions of fact.… People and organizations on PlainSite with a photograph on file, alphabetically. A
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