Wisconsin Reports; Cases Determined in the Supreme Court of Wisconsin Volume 93

Wisconsin Reports; Cases Determined in the Supreme Court of Wisconsin Volume 93

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ...whether such findings are sufficient to support the judgment. The rule is that, if the bill of exceptions certified by the trial judge shows that it contains all the evidence in the case material to the questions raised on the appeal, that is sufficient, whether such showing is made by a statement in the bill or in the certificate made by the judge. Erdall '0. Atwood, 79 Wis. 1. The exceptions filed did not state the grounds therefor, and were in the following form: Defendant excepts to the Reinke vs. Wright. first finding of fact; to the second finding of fact; to the fourth finding of fact; to the sixth finding of fact; to the ninth finding of fact, etc.; and to so much of the first conclusion of law as finds plaintiflf is entitled to judgment against defendant Wrlght, '--and it is contended that such exceptions are too general to preserve any questions for review on this appeal. It is not necessary to state grounds of exceptions to findings of fact and conclusions of law. It is sulficient to point out the particular findings and conclusions excepted to, so that the court can see what the appellant desires to have reviewed. When the finding covers a single proposition, an exception in general language is sulficiently specific though no ground is stated. If it contains several, some of which are found correctly and some not, then such an exception is deemed general, and not available on appeal. The court, in such a case, will only go far enough to see that one proposition of fact included in the exception is not subject thereto. If all the propositions covered by the finding, however, are erroneously found, then the general exception thereto is sufliciently specific to be available to present such propositions for review to the appellate...show more

Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236792122
  • 9781236792129