Schwickerath v. Lohen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. Por the appellant it was argued, 1. That equity has concurrent jurisdiction with law in all matters of account, and especially where the remedy at law is inadequate or doubtful. Ludlow v. Simond, 2 Caines’ Cas., 1 (2 Am. Cas., 291 and notes); 1 Story’s Eq.
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APPEAL from the Circuit Court for Washington County. Por the appellant it was argued, 1. That equity has concurrent jurisdiction with law in all matters of account, and especially where the remedy at law is inadequate or doubtful. Ludlow v. Simond, 2 Caines’ Cas., 1 (2 Am. Cas., 291 and notes); 1 Story’s Eq. Jur., § 458 and note 1, and §§468-4; Willard’s Eq., §§ 90-92, 104; Hawley v. Oramer, 4 Cow., 717, 726-7; Southgate v. Montgomery, 1 Paige, 41. This jui’isdiction is not affected by the code. 4 Sandf. Ch., 682. Under our constitution, the legislature cannot talce anything from the original…
1Opinion of the CourtOetost, J.
This action, in the nature of a bill in equity, is brought by the executrix against the defendant as the agent of the intestate while living, who received certain moneys from him for the purpose of loaning the same, and has not fully accounted for the same, and the plaintiff is not in possession of any books, papers or memoranda by which the amount or investment thereof can be ascertained. The defendant answered, accounting in part, and alleging a settlement with the intestate. The circuit court dismissed the complaint on the objection of the defendant to the introduction of any evidence…
2Cases cited3 opinions
- Boorman v. SunnuchsWisconsin Supreme Court · 1877
- Tenney v. State Bank of WisconsinWisconsin Supreme Court · 1865
- Jones v. CollinsWisconsin Supreme Court · 1863
3Cited by4 opinions
- State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
- Somervaill v. McDermottWisconsin Supreme Court · 1903
- Rippe v. StogdillWisconsin Supreme Court · 1884
- Ellinger v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1909