Staak v. Sigelkow
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This was an action. to recover a tract of land in Dane county. The complaint alleged that in the lifetime of Arnold Staak (of whom the infant plaintiff is sole heir,) said Arnold delivered to said Mansfeld a certain sum of money for the purchase of said land; that Mamfeld purchased the . land for said Arnold, but by mistake or with a fraudulent intent, took a deed conveying said premises to “ Louis Staak,” instead of to “Arnold…
Read the full summary
APPEAL from the Circuit Court for Dane County. This was an action. to recover a tract of land in Dane county. The complaint alleged that in the lifetime of Arnold Staak (of whom the infant plaintiff is sole heir,) said Arnold delivered to said Mansfeld a certain sum of money for the purchase of said land; that Mamfeld purchased the . land for said Arnold, but by mistake or with a fraudulent intent, took a deed conveying said premises to “ Louis Staak,” instead of to “Arnold Staak,” which deed was dated September 3d, 1853; that there was no such person as Louis Staak; that shortly after the…
1Opinion of the Court
By the Court,
DixoN, C. J.
There is a vast difference between a verified answer according to tbe provisions of tbe Code of Procedure, and an answer under oath according to tbe practice which formerly prevailed in courts of equity, in respect to tbeir effect as evidence in tbe action. Tbe latter was evidence, but tbe former is not. Under tbe former system tbe bill could be so framed, with proper charges and interrogations, as to operate not only as a statement of tbe complainant’s cause of action, but also as a complete and searching examination of tbe defendant as to all facts within bis…
2Cases cited3 opinions
- Fletcher v. MansurIndiana Supreme Court · 1854
- Morse v. CarpenterSupreme Court of Vermont · 1847
- Connolly v. PardonNew York Court of Chancery · 1828
3Cited by16 opinions
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Wilson v. WhiteCalifornia Supreme Court · 1890
- Wakefield v. BrownSupreme Court of Minnesota · 1888
- Sherry v. GilmoreWisconsin Supreme Court · 1883
- City Bank of Portage v. PlankWisconsin Supreme Court · 1910
11 more not listed; retrieve them via the Exa API.