Fleming v. Ellison
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Chippewa county: A. J. Vistje, Circuit Judge. This action, was brought March 22, 1900, against one Thomas Carmichael, to compel specific performance of a contract dated August 5, 1899, by which defendant agreed to convey certain lands in Chippewa county to plaintiffs for $4,125. The complaint, after alleging the terms of the contract, avers that plaintiffs tendered to defendant the contract price and demanded a deed, which…
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Appeal from an order of tbe circuit court for Chippewa county: A. J. Vistje, Circuit Judge. This action, was brought March 22, 1900, against one Thomas Carmichael, to compel specific performance of a contract dated August 5, 1899, by which defendant agreed to convey certain lands in Chippewa county to plaintiffs for $4,125. The complaint, after alleging the terms of the contract, avers that plaintiffs tendered to defendant the contract price and demanded a deed, which defendant refused to execute. Defendant answered, admitting the ownership of the lands, making of the contract, and refusal to…
1Opinion of the CourtKeewiet, J.
The question involved is whether the court erred in denying plaintiffs’ motion to revive and continue the action against the administrator. It does not appear upon what grounds the court below denied the motion, but it is-contended by respondent, first, that the- supplemental complaint on motion to revive changed the action from one in equity to one at law, which could not be done and the action revived against the administrator; and, second, that the plaintiffs were guilty of such laches as to justify the court in denying the application to revive.
1. It is not denied that at the time of the…
2Cases cited14 opinions
- Galliher v. CadwellSupreme Court of the United States · 1892
- Hall v. DelaplaineWisconsin Supreme Court · 1856
- Combs v. ScottWisconsin Supreme Court · 1890
- Franey v. WarnerWisconsin Supreme Court · 1897
- Gates v. PaulWisconsin Supreme Court · 1903
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hughes v. ThomasWisconsin Supreme Court · 1907
- Taylor v. State Highway CommissionWisconsin Supreme Court · 1970
- Parsons v. BalsonWisconsin Supreme Court · 1906
- Trempealeau County v. StateWisconsin Supreme Court · 1952
- Grant Marble Co. v. AbbotWisconsin Supreme Court · 1910
7 more not listed; retrieve them via the Exa API.