Sullivan v. Sullivan
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Green county: B. F. DuNwiddie, Circuit Judge. This is an action to recover tbe value of tbe plaintiff’s share of a quantity of cboese wbicb tbe complaint alleges was owned by the plaintiff and tbe three defendants and Michael Sullivan, Chris.
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Appeal from a judgment of tbe circuit court for Green county: B. F. DuNwiddie, Circuit Judge. This is an action to recover tbe value of tbe plaintiff’s share of a quantity of cboese wbicb tbe complaint alleges was owned by the plaintiff and tbe three defendants and Michael Sullivan, Chris. Bowman, and Theodore Gerber, therein named as tenants in common, and which cheese the defendants, contrary to the wishes, direction, and notice of the plaintiff, sold January 20,1902, and converted the proceeds thereof to their own use; that the plaintiff’s share of the proceeds and value of the cheese so…
1Opinion of the CourtCassoday, C. J.
1. Counsel invoke tbe rule that tbe findings of tbe referee should not be disturbed by tbis court on appeal unless they are against tbe clear preponderance of tbe •evidence. But tbe question here presented is not as to tbe effect of such findings, but as to whether tbe trial court was justified in setting aside and vacating tbe report and findings of tbe referee and tbe order of reference, and then trying tbe cause.de novo. Tbe principal reason given by tbe trial court for making such order was to tbe effect that tbe evidence so reported by tbe referee was so uncertain, indefinite, and…
2Cases cited11 opinions
- Sprout v. CrowleyWisconsin Supreme Court · 1872
- Miller v. PriceWisconsin Supreme Court · 1865
- Gilbank v. StephensonWisconsin Supreme Court · 1872
- Serfling v. AndrewsWisconsin Supreme Court · 1900
- Severson v. PorterWisconsin Supreme Court · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Thompson v. SchmittTexas Supreme Court · 1925
- Wise v. RadisCalifornia Court of Appeal · 1925
- Westcott v. GilmanCalifornia Supreme Court · 1915
- Kleinstick v. DaleidenWisconsin Supreme Court · 1976
- Langley v. SanbornWisconsin Supreme Court · 1908
9 more not listed; retrieve them via the Exa API.