Van Valkenburgh v. Hoskins
Wisconsin Supreme Court
Appeal fp.om hock cijkcutt court. This is an appeal from an order of the circuit court granting a new trial. The action was trover, commenced before the code, but tried after its adoption. The declaration was in the usual form, and the plea the general issue. The evidence on the trial was quite voluminous, and somewhat conflicting.
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Appeal fp.om hock cijkcutt court. This is an appeal from an order of the circuit court granting a new trial. The action was trover, commenced before the code, but tried after its adoption. The declaration was in the usual form, and the plea the general issue. The evidence on the trial was quite voluminous, and somewhat conflicting. The action was brought by the plaintiff who claimed title under a sale or pretended sale from Solomon & Somlander, against the defendant who claimed title as sheriff under and by virtue of several writs of attachment issued on behalf of creditors against the said…
1Opinion of the Court
By the Court,
Cole, J.
We do not think there was such an abuse of discretion on the part of the circuit court in granting a new trial in this case, as would authorize this court to reverse that order. It is true, the question 'before the jury was, whether the sale of the goods in controversy by Solomon & Somlander to the appellant was fraudulent and void as to their creditors, and this question of fact it was the peculiar province of the jury to determine. In the present case a great amount of testimony was introduced on that point, from which the jury were led to the conclusion that the sale…
2Cited by8 opinions
- Rotting v. ClemanWashington Supreme Court · 1895
- R. Connor Co. v. GoodwillieWisconsin Supreme Court · 1904
- Smith v. LanderWisconsin Supreme Court · 1880
- Van Doran v. ArmstrongWisconsin Supreme Court · 1871
- Anthony v. EddySupreme Court of Kansas · 1869
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