Schumacher v. Marling
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: Oscar M. Fritz, Judge. The appellants, Schumacher and Harper, express no dissatisfaction with the findings of fact made by the trial court, but assert that the court erred in its conclusions of law and in entry of judgment based thereon. The facts are complicated, many issues are disposed of other than those raised upon this appeal.
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Appeal from a judgment of the circuit court for Dane county: Oscar M. Fritz, Judge. The appellants, Schumacher and Harper, express no dissatisfaction with the findings of fact made by the trial court, but assert that the court erred in its conclusions of law and in entry of judgment based thereon. The facts are complicated, many issues are disposed of other than those raised upon this appeal. We shall therefore attempt to state the facts only so far as is necessary to present the questions raised here. From the findings it appears that in April, 1918, Gunder-son sold and conveyed to Clarence…
1Opinion of the CourtRosenberry, J.
The appealing defendants do not in any respect assail the findings of fact made by the trial court, but contend that the court erred in its conclusions of law in applying the doctrine of subrogation to the findings of fact. The appealing defendants argue that subrogation is not for- strangers; that the payment of the money by Green to Gunderson, who received it as attorney for Pammesber-ger, discharged the Pammesberger debt and extinguished the mortgage; that the equities of the various parties are equal and in that situation the law should prevail; and in a reply brief argue that the…
2Cases cited14 opinions
- Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888
- Acer v. . HotchkissNew York Court of Appeals · 1884
- Charmley v. CharmleyWisconsin Supreme Court · 1905
- Rice v. WintersNebraska Supreme Court · 1895
- Emigh v. EarlingWisconsin Supreme Court · 1908
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3Cited by3 opinions
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