Shepardson v. Cary
Wisconsin Supreme Court
APPEAL from tlie County Court of Milwaukee County. Action to enforce an alleged equitable lien upon 560 tons of coal, brought after a judgment had been rendered against the plaintiff, in an action at law against the same original defendants for the conversion of the same coal, on the ground that he had shown no title as against the defendants, and had been affirmed on appeal. The decision in that case, and the facts elicited on the trial, are reported in 21 Wis.
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APPEAL from tlie County Court of Milwaukee County. Action to enforce an alleged equitable lien upon 560 tons of coal, brought after a judgment had been rendered against the plaintiff, in an action at law against the same original defendants for the conversion of the same coal, on the ground that he had shown no title as against the defendants, and had been affirmed on appeal. The decision in that case, and the facts elicited on the trial, are reported in 21 Wis. R, 588. The defendant having died pending this action, his executor was substituted in his place. The complaint in this action sets…
1Opinion of the CourtDixon, C. J.
The defendant answers the former judgment in his favor and the judgment of affirmance in this court, by the title of the case and volume and page of the report, Shepardson v. Green, 21 Wis., 539, setting out by way of exhibit annexed to the answer the former récord here verbatim and at length, and insisting upon the same as a bar and absolute estop-pel of the rights claimed by the plaintiff in this suit. This is the only question presented by the demurrer to the answer: Is the former judgment a bar to the relief demanded in this suit ? The former was an action at law by the plaintiff against…
2Cases cited5 opinions
- Eastman v. PorterWisconsin Supreme Court · 1861
- Pierce v. KneelandWisconsin Supreme Court · 1859
- Single v. PhelpsWisconsin Supreme Court · 1866
- Rice v. CutlerWisconsin Supreme Court · 1863
- Shepardson v. GreenWisconsin Supreme Court · 1867
3Cited by18 opinions
- Franklin National Bank v. WhiteheadIndiana Supreme Court · 1898
- Greenup v. CrooksIndiana Supreme Court · 1874
- Girardin v. DeanTexas Supreme Court · 1878
- Security Warehousing Co. v. HandCourt of Appeals for the Seventh Circuit · 1906
- Price v. Wisconsin Marine & Fire InsuranceWisconsin Supreme Court · 1877
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