Gear v. Shaw
Wisconsin Supreme Court
ERROR to the District Court for Iowa County. Action of debt on an injunction bond. A motion was made by the plaintiffs in error for a further and amended return, the facts in relation to which are stated in the opinion of the court denying the motion.
Read the full summary
ERROR to the District Court for Iowa County. Action of debt on an injunction bond. A motion was made by the plaintiffs in error for a further and amended return, the facts in relation to which are stated in the opinion of the court denying the motion. Evidence was offered and received upon the assessment of damages in the court below, to show that at the time the injunction was served the plaintiffs against whom it had been granted, had nearly exhausted or dug' out all the mineral or lead ore from the discovery that they had then made ; that about five or six months after the dissolution of…
1Opinion of the CourtMiller, J.
The plaintiffs in error suggest a diminution of the record in this case, in the following particular: That at the September term, 1843, of the district court of Iowa county, the plaintiffs in error made a motion to postpone the trial of the cause until the determination of certain suits in chancery; and in support of said motion, filed a petition and affidavit, tending to show that the determination of the suits in chancery would have an important bearing upon, and essentially determine the rights of the parties in this case, and that the plaintiffs *611in error conld not safely try this canse…
2Cases cited4 opinions
- Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827
- Lutz v. LinthicumSupreme Court of the United States · 1834
- Simonton v. WinterSupreme Court of the United States · 1831
- Collum v. AndrewsSupreme Court of Pennsylvania · 1837
3Cited by6 opinions
- Miller v. StateWisconsin Supreme Court · 1909
- In re ThompsonNew Jersey Court of Chancery · 1915
- Byrnes v. MetzWisconsin Supreme Court · 1972
- Wisconsin Marine & Fire Insurance Co. Bank v. DurnerWisconsin Supreme Court · 1902
- Bank One v. KochCourt of Appeals of Wisconsin · 2002
1 more not listed; retrieve them via the Exa API.