Legal Opinion · Dissent

Wustum v. Kradwell

Court of Appeals for the Seventh Circuit

Decided December 20, 1920No. 2799Published

Appeal from the District Court of the United States for the Eastern ‘District of Wisconsin. Suit by Frank A. Kradwell against Jennie Wustum and another. From a decree for complainant, defendants appeal.

1DissentBaker, Circuit Judge

Questions of law arising on assignments of error respecting admission and rejection of evidence are correctly decided, in my judgment; but I protest most earnestly against the majority’s action in setting aside certain findings of fact made by the chancellor after he had heard the parties and their witnesses in open court.

When Wustum died, certificates for over 300 shares were standing in his name. Appellee’s claim was that he was the owner of 191 of those shares during the last live years of Wustum’s life. Appellant, Wusium’s widow, had new certificates made out in her own name. The…

2Cases cited10 opinions

  1. Davis v. SchwartzSupreme Court of the United States · 1895
  2. Adamson v. GillilandSupreme Court of the United States · 1917
  3. United States v. Grass Creek Oil & Gas Co.Court of Appeals for the Eighth Circuit · 1916
  4. American Rotary Valve Co. v. MooreheadCourt of Appeals for the Seventh Circuit · 1915
  5. Columbia Graphophone Co. v. Searchlight Horn Co.Court of Appeals for the Ninth Circuit · 1916

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