Legal Opinion

Gilman v. Vaughan

Wisconsin Supreme Court

Decided August 15, 1878PublishedCited by 6 opinions

APPEAL from tbe Circuit Court for Bane County. From some time in tbe year 1865, until some time in February, 1868, tbe parties to this suit were partners in the business of buying and selling live stock, agricultural implements, etc., at Madison, in this state.

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APPEAL from tbe Circuit Court for Bane County. From some time in tbe year 1865, until some time in February, 1868, tbe parties to this suit were partners in the business of buying and selling live stock, agricultural implements, etc., at Madison, in this state. Upon tbe dissolution of this copartnership, defendant formed a copartnership with one Hill at the same place; and the firm of Hill & Vaughan occupied for the transaction of their business the same premises previously occupied by Vaugha/n d& Gilman. This action was brought to have an account taken of all the copartnership transactions…

1Opinion of the CourtCole, J.

I. The objection that there was no order of court appointing S. W. Botkin referee to take the testimony and state an account between the parties, is not sustained by the record. The record shows that such an order was made by the *648court, founded on a stipulation of the parties, and bears date November 22, 1875. The fact that this order was not seen by the clerk, nor entered in the rule book, until December 26, 1877, does not affect its validity. • There is no pretense, or ground for saying, that the order was not actually made at the time it bears date; and it certainly conferred upon the…

2Cases cited9 opinions

  1. Whitcomb v. ConverseMassachusetts Supreme Judicial Court · 1875
  2. Marsh v. FraserWisconsin Supreme Court · 1875
  3. Stoughton v. LynchNew York Court of Chancery · 1816
  4. Dexter v. ArnoldU.S. Circuit Court for the District of Rhode Island · 1823
  5. H. & P. Lee v. LashbrookeCourt of Appeals of Kentucky · 1839

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3Cited by6 opinions

  1. Hart v. HartWisconsin Supreme Court · 1903
  2. Caveney v. CaveneyWisconsin Supreme Court · 1940
  3. Sweeney v. NeelyMichigan Supreme Court · 1884
  4. Carroll v. LittleWisconsin Supreme Court · 1889
  5. Kemmerer v. KemmererSupreme Court of Iowa · 1892

1 more not listed; retrieve them via the Exa API.

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