Farmers' Loan & Trust Co. v. Walworth County Bank
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Hacine- County. In 1859, tbe Walworth County Bank brought an action in said circuit court, to recover tbe value of certain railroad ties alleged to belong to it, and to bave been taken from its possession and converted by tbe Farmers’ Loan & Trust Oompany.
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APPEAL from tbe Circuit Court for Hacine- County. In 1859, tbe Walworth County Bank brought an action in said circuit court, to recover tbe value of certain railroad ties alleged to belong to it, and to bave been taken from its possession and converted by tbe Farmers’ Loan & Trust Oompany. Judgment was rendered for tbe plaintiff, which, on appeal, was reversed by this court, and a new trial ordered. 14 Wis. 325-31. Upon tbe second trial, the plaintiff again obtained a judgment for tbe value of tbe ties; and this judgment was also reversed on appeal, and a new trial again ordered. 16 Wis.…
1Opinion of the CourtPaiNE, J.
This is clearly an attempt in equity to litigate over again tbe controversy involved in a former suit at law between tbe same parties, and to get rid of tbe judgment which tbe appellant obtained in that suit. There is no substantial ground for equitable relief set forth, unless it is found in tbe allegation of surprise at tbe ruling of this court — that tbe refer*251ence of tbe case at law to tbe circuit judge was, in effect, a submission to arbitration, and that tbe decision of tbe arbitrator would not be reviewed. This was a mistake of law, and is not of sucb a character as affords ground for…
2Cases cited1 opinion
- Danaher v. PrentissWisconsin Supreme Court · 1867
3Cited by4 opinions
- Everett v. EverettMichigan Supreme Court · 1947
- Sayre v. CommonwealthCourt of Appeals of Kentucky · 1922
- State v. JonesMissouri Court of Appeals · 1882
- State v. BengeSupreme Court of Iowa · 1883