ISBN: 9781235767784

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 … Plus…

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. 1900 edition. Excerpt: ...---- Despins vs. The Chicago, Milwaukee & St Paul R Co. fectual to defeat the plaintiff''s cause of action without any affirmative relief, then a judgment formally adjudicating the existence of such facts, or the effect of them, is always proper. A judgment of dismissal of the plaintiff''s complaint covers the ground, but the more formal judgment, expressing upon its face the effect of the adjudged facts, goes no further, and may be considered a correct, if no the better, practice. The judgment appealed from is in strict conformity with the foregoing. The trial court found the facts, and as the legal effect thereof decided that plaintiff was not entitled to any lien on the property in controversy; that defendant was the owner and holder of the property free and clear of any claim of the plaintiff; that plaintiff was not entitled to any relief in the action; and that defendant was entitled to a judgment on the merits dismissing the complaint and the action. The judgment entered, in addition to the formal dismissal of the complaint and action, adjudged the effect of the facts as contained in the trial court''s conclusions of law upon which the entry of the judgment of dismissal was directed. The foregoing leaves nothing further to be said. The record appears to be free from error. The judgment must be affirmed. By the Court.--Judgment affirmed. Despins, Appellant, vs. The Chicago, Milwaukee & St. Paul Railway Company, Respondent. November 11--December 15,1899. Railroads: Master and servant: Personal injuries: Negligence. Plaintiff, a brakeman, was injured while at the rear of the train assisting in switching cars. A signal was given by the conductor, which the engineer and brakeman at the tender understood to Despins vs. The Chicago, Milwaukee... Wisconsin Supreme Court, Books, History, Wisconsin reports; cases determined in the Supreme Court of Wisconsin Volume 105 Books>History, General Books LLC<

ISBN: 9781235767784

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 … Plus…

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. 1900 edition. Excerpt: ...---- Despins vs. The Chicago, Milwaukee & St Paul R Co. fectual to defeat the plaintiff''s cause of action without any affirmative relief, then a judgment formally adjudicating the existence of such facts, or the effect of them, is always proper. A judgment of dismissal of the plaintiff''s complaint covers the ground, but the more formal judgment, expressing upon its face the effect of the adjudged facts, goes no further, and may be considered a correct, if no the better, practice. The judgment appealed from is in strict conformity with the foregoing. The trial court found the facts, and as the legal effect thereof decided that plaintiff was not entitled to any lien on the property in controversy; that defendant was the owner and holder of the property free and clear of any claim of the plaintiff; that plaintiff was not entitled to any relief in the action; and that defendant was entitled to a judgment on the merits dismissing the complaint and the action. The judgment entered, in addition to the formal dismissal of the complaint and action, adjudged the effect of the facts as contained in the trial court''s conclusions of law upon which the entry of the judgment of dismissal was directed. The foregoing leaves nothing further to be said. The record appears to be free from error. The judgment must be affirmed. By the Court.--Judgment affirmed. Despins, Appellant, vs. The Chicago, Milwaukee & St. Paul Railway Company, Respondent. November 11--December 15,1899. Railroads: Master and servant: Personal injuries: Negligence. Plaintiff, a brakeman, was injured while at the rear of the train assisting in switching cars. A signal was given by the conductor, which the engineer and brakeman at the tender understood to Despins vs. The Chicago, Milwaukee... Wisconsin Supreme Court, Books, History, Wisconsin reports; cases determined in the Supreme Court of Wisconsin Volume 105 Books>History <