Hopkins v. Gilman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. A statement of tbe contract upon which this action was based, will be found in the report of a former app>eal herein (22 "Wis., 476). The foregoing head notes, and the opinion, infra, state the facts sufficiently for the purposes of this appeal.
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APPEAL from the Circuit Court for Milwaukee County. A statement of tbe contract upon which this action was based, will be found in the report of a former app>eal herein (22 "Wis., 476). The foregoing head notes, and the opinion, infra, state the facts sufficiently for the purposes of this appeal. The circuit court found as a fact, that the value of the improvements put by the original plaintiff upon the lot in question was, in 1868, after the return of this case from the supreme court, $5,700. It thereupon held that plaintiff was entitled to a judgment againt the defendant Gilman for $5,700,…
1Opinion of the CourtCole, J.
It could hardly have been anticipated, when this case was here on a former appeal (22 "Wis., 476), that a decade would elapse before the cause would be brought to a hearing on the issues sent down from this court for trial; and, as both parties are more or less responsible for this delay, their obligations and duties in the mean time cannot be ignored’in the final decision of the cause. The only relief which this court thought could be consistently granted on the former appeal, was to send the case back with directions to the circuit court to ascertain the value of the improvements placed…
2Cases cited2 opinions
- Hunter v. BosworthWisconsin Supreme Court · 1878
- Northwestern Mutual Life Insurance v. Park Hotel Co.Wisconsin Supreme Court · 1875
3Cited by5 opinions
- Kollock v. ScribnerWisconsin Supreme Court · 1897
- Stein v. BenedictWisconsin Supreme Court · 1892
- Ecke v. FetzerWisconsin Supreme Court · 1886
- Armstrong v. MayerNebraska Supreme Court · 1903
- Swift v. SheehyU.S. Circuit Court for the District of Western Missouri · 1898