Lederer v. Estate of Kohn

Wisconsin Supreme Court

Lederer v. Estate of Kohn

76 N.W. 604, 100 Wis. 662, 1898 Wisc. LEXIS 256

CourtWisconsin Supreme Court

DecidedOctober 11, 1898

StatusPublished

Cited by3 cases

This text of 76 N.W. 604 (Lederer v. Estate of Kohn) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lederer v. Estate of Kohn, 76 N.W. 604, 100 Wis. 662, 1898 Wisc. LEXIS 256 (Wis. 1898).

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Opinion

Bardeen, J.

To properly dispose of tbe questions raised in appellant’s brief and argued at tbe bar, it would be necessary to make an examination of tbe evidence in tbe case. Tbe bill of exceptions contains no exceptions to tbe findings of tbe circuit judge. Tbe situation presented is exactly similar to that of tbe case of Newton v. Williams, 94 Wis. 222. It would seem hardly necessary to reassert tbe rule that this court cannot review the evidence in a case tried by tbe court unless exceptions are taken to tbe findings of fact and are preserved in tbe bill of exceptions. R. S. 1818, sec. 2810; Cramer v. Hanaford, 53 Wis. 85; Evenson v. Bates, 58 Wis. 24; McLennan v. Prentice, 85 Wis. 427; Henrizi v. Kehr, 90 Wis. 344. An inspection, however, of tbe evidence returned convinces us tbe judgment was manifestly correct and ought not to be disturbed.

By the Court.— Tbe judgment of the circuit court is affirmed.

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Bardeen, J.

To properly dispose of tbe questions raised in appellant’s brief and argued at tbe bar, it would be necessary to make an examination of tbe evidence in tbe case. Tbe bill of exceptions contains no exceptions to tbe findings of tbe circuit judge. Tbe situation presented is exactly similar to that of tbe case of Newton v. Williams, 94 Wis. 222. It would seem hardly necessary to reassert tbe rule that this court cannot review the evidence in a case tried by tbe court unless exceptions are taken to tbe findings of fact and are preserved in tbe bill of exceptions. R. S. 1818, sec. 2810; Cramer v. Hanaford, 53 Wis. 85; Evenson v. Bates, 58 Wis. 24; McLennan v. Prentice, 85 Wis. 427; Henrizi v. Kehr, 90 Wis. 344. An inspection, however, of tbe evidence returned convinces us tbe judgment was manifestly correct and ought not to be disturbed.

By the Court.— Tbe judgment of the circuit court is affirmed.

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Bluebook (online)

76 N.W. 604, 100 Wis. 662, 1898 Wisc. LEXIS 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lederer-v-estate-of-kohn-wis-1898.

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