Carroll v. Bohan
Wisconsin Supreme Court
APPEAL from the County Court ot Milwaukee County. This appeal was taken by the plaintiff from a judgment in defendant’s favor. The nature of the action, and the errors constituting the ground of decision here, are sufficiently stated in the opinion.
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APPEAL from the County Court ot Milwaukee County. This appeal was taken by the plaintiff from a judgment in defendant’s favor. The nature of the action, and the errors constituting the ground of decision here, are sufficiently stated in the opinion. To the point that the judgment should at least be reversed for the defects of the special findings, they cited Ileeron v. Beckwith, 1 Wis., 17; Elclrecl v. Oconto Go., 33 id., 133; Young v. Lego, 38 id., 206; Hutchinson v. Railway Go., 41 id., 552; /Seward v. Jackson, 8 Cow., 406. As to the question divided, they contended that the finding was in…
1Opinion of the CourtRyan, C. J.
This action was trespass de lords asportatis. The defendant below, appellant here, justified under a chattel mortgage of the plaintiff below, respondent here. Some of the goods actually in controversy appear not to have been in the mortgage. And the appellant, claiming that they should have been, put in with his answer a counter claim in equity for the reformation of the mortgage, to include goods in controversy omitted from it.
The proper practice, in such a case, is to try the issue upon the equitable counter claim first; afterwards, the issue on the legal defense. Du Pont v. Davis, 35 Wis.,…
2Cases cited2 opinions
- Du Pont v. DavisWisconsin Supreme Court · 1874
- Davis v. Town of FarmingtonWisconsin Supreme Court · 1877
3Cited by15 opinions
- Skidmore v. Baltimore & OR Co.Court of Appeals for the Second Circuit · 1948
- Freedman v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1909
- McGowan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1895
- Montreal River Lumber Co. v. MihillsWisconsin Supreme Court · 1891
- Klochinski v. Shores Lumber Co.Wisconsin Supreme Court · 1896
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