Wilson v. Johnson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. The complaint, briefly stated, alleges that on or before January 18, 1886, a certain mare of the defendant was stolen from his premises in the city of Kenosha; that about that date he learned that his mare was at Valparaiso in the state of Indiana, and applied to the plaintiff to go with him to the latter place and assist him in recovering her, and agreed with the plaintiff that if he would do so, and pay his own and the…
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APPEAL from the Circuit Court for Kenosha County. The complaint, briefly stated, alleges that on or before January 18, 1886, a certain mare of the defendant was stolen from his premises in the city of Kenosha; that about that date he learned that his mare was at Valparaiso in the state of Indiana, and applied to the plaintiff to go with him to the latter place and assist him in recovering her, and agreed with the plaintiff that if he would do so, and pay his own and the defendant’s expenses in going there, and the expense of obtaining possession of the mare, including the payment of any…
1Opinion of the CourtLyon, J.
1. Although there is considerable conflict in the testimony, a careful perusal of it satisfies us that it sustains the findings of fact; at least there is no such clear preponderance of testimony against any of the findings as will authorize us to disturb them. Such findings fully support the conclusions of law and the judgment.
2. We are of the opinion that the action is an equitable one, notwithstanding a personal judgment was demanded and, in form, rendered against the defendant for the amount of the lien. It is said of such cases in 2 Story’s Eq. Jur. § 1033, that “the course now adopted…
2Cases cited1 opinion
- Marsh v. FraserWisconsin Supreme Court · 1871
3Cited by6 opinions
- Young v. VailNew Mexico Supreme Court · 1924
- Mortgage Associates, Inc. v. Monona Shores, Inc.Wisconsin Supreme Court · 1970
- Morrissey v. BroomalNebraska Supreme Court · 1893
- Gresens v. MartinNorth Dakota Supreme Court · 1914
- Rustles v. ChristensenWisconsin Supreme Court · 1932
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