Legal Opinion

Huebschman v. Baker

Wisconsin Supreme Court

Decided January 15, 1859PublishedCited by 6 opinions

appeal PROM Milwaukee circuit court. This was a bill filed (before the code) to set aside and perpetually enjoin a judgment rendered in the Winnebago circuit court at the September Term, 1856, in favor of the said Baker against the said Huebsehman.

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appeal PROM Milwaukee circuit court. This was a bill filed (before the code) to set aside and perpetually enjoin a judgment rendered in the Winnebago circuit court at the September Term, 1856, in favor of the said Baker against the said Huebsehman. The bill of .complaint set forth, that on or about the 14th day of February, A. D. 1856, the said plaintiff was summoned to answer said Chauncey Baker, in a plea of trover to his damage of three thousand dollars, by summons issued out of and under the seal of the circuit court, for the county of Winnebago, returnable on the first Monday of May next…

1Opinion of the Court

By the Court,

Smith, J.

This case presents several points of consideration, which were fully argued at bar, and which have been duly considered by the whole court

We shall not now attempt to recapitulate the facts upon which the plaintiff founds his claim to the relief for which he prays. These will, doubtless, fully appear in the statement of the case preceding the report of this opinion. But in considering the equities presented by the pleadings and proofs, it will be necessary to refer to them in order to show clearly the principle upon which our judgment is based. And this principle was…

2Cited by6 opinions

  1. United Brethren Church v. VandusenWisconsin Supreme Court · 1875
  2. Kern v. StrausbergerIllinois Supreme Court · 1874
  3. Rogan v. EadsAppellate Court of Illinois · 1902
  4. Boring v. OttWisconsin Supreme Court · 1909
  5. Harrison v. CrumbTexas Commission of Appeals · 1881

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