Gardinier v. Otis
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Kenosha County. Tbe plaintiff, who was a married woman, sued tbe defendants, Otis, Randall and Tymeson, for unlawfully taking and converting to their own use 70 tons of bay and four bead of young cattle, which she claimed as her own separate property: Tbe defense was, tbat tbe property belonged to tbe plaintiff’s husband and her son Cornelius, and -bad been put into her hands by them for the purpose of defrauding the defendant Otis, to whom…
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APPEAL from tbe Circuit Court for Kenosha County. Tbe plaintiff, who was a married woman, sued tbe defendants, Otis, Randall and Tymeson, for unlawfully taking and converting to their own use 70 tons of bay and four bead of young cattle, which she claimed as her own separate property: Tbe defense was, tbat tbe property belonged to tbe plaintiff’s husband and her son Cornelius, and -bad been put into her hands by them for the purpose of defrauding the defendant Otis, to whom they were indebted at the time rent; and that the defendant Randall, as the deputy of Tymeson, who was sheriff, seized…
1Opinion of the Court
By the Court,
Cole, J.
It seems to us that the circuit court very properly nonsuited the respondent, there being no evidence to go to the jury in support of her action, and consequently should have permitted the nonsuit to stand. The evidence discloses to our minds a very feeble and bald attempt to place the property of the (Jardiniere beyond the reach of their creditors. This we think is apparent from the whole testimony, and were we to assume — what it might be difficult to establish, even upon the statement which the re*462sPon(^en^ ma(^e as maimer in wbiob sbe acquired, tbe money — that tbe…
2Cited by4 opinions
- Blair v. SmithIndiana Supreme Court · 1888
- Hopkins v. RailroadTennessee Supreme Court · 1896
- Ferguson v. HillmanWisconsin Supreme Court · 1882
- Platt v. SchreyerU.S. Circuit Court for the District of Southern New York · 1885