Trustees of Ashland Lodge No. 63 v. Williams
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: Johu IL Paeish, Circuit Judge. Action of replevin against W. Armstrong and D. A. Williams for a hack, span of horses, and set of double harness. The complaint is in the usual form. During the progress of the trial a nonsuit was granted as to Williams.
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Appeal from a judgment of the circuit court for Ashland county: Johu IL Paeish, Circuit Judge. Action of replevin against W. Armstrong and D. A. Williams for a hack, span of horses, and set of double harness. The complaint is in the usual form. During the progress of the trial a nonsuit was granted as to Williams. Thereafter, it being agreed that the only question of fact in dispute was the value of the property, that was submitted to the jury and resulted in a verdict of $700. Thereafter the court filed findings of fact in substance as follows: June 23,1894, Armstrong gave a chattel mortgage…
1Opinion of the CourtMarshall, J.
The judgment appealed from was as directed at the foot of the findings, so, notwithstanding a suggestion by respondents’ counsel that there is no valid judgment and the appeal should be dismissed on that ground, no reason is perceived why the case is not properly here for review on the questions presented by appellant. If the statement of expenses incurred by plaintiffs in selling the mortgaged property ought to have been approved by the court before entry of judgment, which was not done, that is a mere irregularity and does not render the judgment void; but if it were otherwise, the appeal…
2Cases cited9 opinions
- White v. OsbornNew York Supreme Court · 1839
- Tallman v. BarnesWisconsin Supreme Court · 1882
- Tyler v. TaylorNew York Supreme Court · 1850
- Farwell v. WareenWisconsin Supreme Court · 1890
- Kidder v. FayWisconsin Supreme Court · 1884
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3Cited by7 opinions
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- Robert L. Preston v. United StatesCourt of Appeals for the Seventh Circuit · 1982
- Klundt v. BachtoldWashington Supreme Court · 1920
- In re FlournoyUnited States Bankruptcy Court, E.D. Wisconsin · 2017
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