McCord v. Hill
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Douglas county: E. W. Heums, Judge. This is the same action considered upon demurrer to the complaint, reported in 111 Wis. 499, 84 N. W. 27, 85 N. W. 145, 87 N. W. 481. It has since been tried; the evidence upon the trial consisting in the main of the records of the proceedings and profert of the documents referred to in the complaint, with some oral evidence in addition.
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Appeal from a judgment of tbe circuit court for Douglas county: E. W. Heums, Judge. This is the same action considered upon demurrer to the complaint, reported in 111 Wis. 499, 84 N. W. 27, 85 N. W. 145, 87 N. W. 481. It has since been tried; the evidence upon the trial consisting in the main of the records of the proceedings and profert of the documents referred to in the complaint, with some oral evidence in addition. The findings are substantially in accordance with the facts as set forth in the complaint, so far as the same are material. Certain variances between the facts stated in the…
1Opinion of the CourtDodge, J.
Upon a former appeal in- this case, considering tbe complaint upon demurrer (111 Wis. 499, 84 N. W. 27, 85 N. W. 145, 87 N. W. 481), we rendered decision upon certain questions raised as to tbe rights of tbe parties, dependent upon facts set forth by tbe complaint. Upon familiar principles closely approximating those of res adjudicata and not infrequently so called, that decision became tbe law of this case, both for this court and tbe lower court, at all subsequent stages, except so far as tbe situation disclosed by tbe complaint and considered upon tbe demurrer was altered in respects…
2Cases cited17 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Moore v. RobbinsSupreme Court of the United States · 1878
- Cannon v. McDanielTexas Supreme Court · 1876
- Parsons v. VenzkeSupreme Court of the United States · 1896
- Hendricks v. KellySupreme Court of Alabama · 1879
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3Cited by16 opinions
- Knauf & Tesch Co. v. Elkhart Lake Sand & Gravel Co.Wisconsin Supreme Court · 1913
- Langer v. Stegerwald Lumber Co.Wisconsin Supreme Court · 1952
- Foster v. RoweWisconsin Supreme Court · 1907
- Mariner v. City of MilwaukeeWisconsin Supreme Court · 1911
- Williams v. J. L. Gates Land Co.Wisconsin Supreme Court · 1911
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