Chapman v. Sutton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. For a history of the litigation between these parties prior to the commencement of this action, see Sutton v. Chapmcm, -64 Wis. 312. This action was brought in pursuance of the decision there made, to recover the amount paid on the judgment against Chapman in justice’s court. . The facts are stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff.
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APPEAL from the Circuit Court for Columbia County. For a history of the litigation between these parties prior to the commencement of this action, see Sutton v. Chapmcm, -64 Wis. 312. This action was brought in pursuance of the decision there made, to recover the amount paid on the judgment against Chapman in justice’s court. . The facts are stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. The tender of payment made by Hasey in the creditors’ suit, and the statements and receipt mentioned in the opinion are as follows: “ [Title of cause.] “ The defendant…
1Opinion of the CourtCole, C. J.
The contention of the appellant is that tbe evidence clearly shows that when Hasey, one of the defendants in the creditors’ suit pending in Jefferson county, made the tender and payment of the two judgments and costs in that suit, this was understood and intended to include the action of Sutton v. Chapman, pending on appeal in Columbia county. There is certainly testimony to sustain this contention; but indisputably there is a serious conflict on that point. It is not worth while to discuss the evidence in detail. The circuit court found that the payment of the judgments involved in the…
2Cases cited5 opinions
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
- Clark v. PinneyNew York Supreme Court · 1826
- Sturges v. Allis & LeeNew York Supreme Court · 1833
- Mann v. Ætna InsuranceWisconsin Supreme Court · 1875
- Sutton v. ChapmanWisconsin Supreme Court · 1885
3Cited by11 opinions
- Hixon v. Oneida CountyWisconsin Supreme Court · 1892
- Rau v. FritzSouth Dakota Supreme Court · 1965
- Lumaghi v. AbtMissouri Court of Appeals · 1907
- Schoonover v. OsborneSupreme Court of Iowa · 1902
- State ex rel. Wiles v. AlbrightNorth Dakota Supreme Court · 1901
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