Boring v. Ott
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Ashland county: E. W. Helmis, Judge. This action was brought to perpetually enjoin the defendant, Eli Ott, from further prosecuting an action in which Ott was plaintiff and the plaintiff herein defendant in the circuit court for Ashland county, and enjoining the entry and enforcement of collection of such judgment or any part thereof out of the estate of E. J. Pool, deceased, and for other relief, which judgment was ordered by…
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Appeal from a judgment of tbe circuit court for Ashland county: E. W. Helmis, Judge. This action was brought to perpetually enjoin the defendant, Eli Ott, from further prosecuting an action in which Ott was plaintiff and the plaintiff herein defendant in the circuit court for Ashland county, and enjoining the entry and enforcement of collection of such judgment or any part thereof out of the estate of E. J. Pool, deceased, and for other relief, which judgment was ordered by this court in Ott v. Boring, 131 Wis. 472, 110 N. W. 824, 111 N. W. 833, where the facts upon which judgment whs ordered…
1Concurrence
The following opinion was filed. February 26, 1909:
Marshall, J.
I concur in tbe result of this case, but upon radically different grounds than those assigned for tbe decision.
I consider it most unfortunate to engraft a new rule of evidence upon our jurisprudence. Above all things tbe develop*276ment of tbe law should be in the direction of simplicity and certainty rather than the contrary. At common law but two rules as to certainty to be attained by evidence were recognized, — the reasonable certainty appertaining to all civil cases, and certainty beyond a reasonable doubt, applicable to criminal…
2Cases cited61 opinions
- Hilton v. GuyotSupreme Court of the United States · 1895
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Marshall v. HolmesSupreme Court of the United States · 1891
- Pico v. CohnCalifornia Supreme Court · 1891
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
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