Legal Opinion

State ex rel. Vilas v. Wharton

Wisconsin Supreme Court

Decided April 17, 1903PublishedCited by 25 opinions

Appeal from a judgment of the circuit court for Ashland county: James O’Neill, Judge. In the year 1901 the city of Ashland assessed "to “Knight & Vilas, of East End Mill, 9,350,000 jieet of lumber, $112,200.” On August 27th Mr. Knight, as agent of Mr. Vilas, appeared before the board of review, and made an un-sworn statement to the effect that all lumber which they or either of them had on those docks was sold prior to the 1st of May by certain written contracts, which he…

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Appeal from a judgment of the circuit court for Ashland county: James O’Neill, Judge. In the year 1901 the city of Ashland assessed "to “Knight & Vilas, of East End Mill, 9,350,000 jieet of lumber, $112,200.” On August 27th Mr. Knight, as agent of Mr. Vilas, appeared before the board of review, and made an un-sworn statement to the effect that all lumber which they or either of them had on those docks was sold prior to the 1st of May by certain written contracts, which he offered for the inspection of the board. He made certain reiterations óf these general statements more in detail. On…

1Opinion of the CourtDodge, J.

The return perhaps leaves uncertain what of the statements made by the relator’s agent, Knight, on August 27th, were sworn to and so made evidence on August 30th. That, however, is not very material, for he testified on the latter date that all the assessed lumber had been sold before May 1st, and produced in evidence the contracts of sale, so that, if those contracts should be construed as effectual to pass title, there, was e.vidence before the board to *562establish nonownership of such lumber by the relator on that day. That evidence was surely direct and applied unambiguously to the lumber…

2Cases cited22 opinions

  1. Hatch v. Oil Co.Supreme Court of the United States · 1879
  2. Kimberly v. . PatchinNew York Court of Appeals · 1859
  3. State ex rel. Heller v. LawlerWisconsin Supreme Court · 1899
  4. State ex rel. Ellis v. ThorneWisconsin Supreme Court · 1901
  5. McElwee v. Metropolitan Lumber Co.Court of Appeals for the Sixth Circuit · 1895

17 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Borgnis v. Falk Co.Wisconsin Supreme Court · 1911
  2. State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
  3. State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
  4. State Ex Rel. Boostrom v. Board of ReviewWisconsin Supreme Court · 1969
  5. State Ex Rel. Mitchell Aero, Inc. v. Board of ReviewWisconsin Supreme Court · 1976

20 more not listed; retrieve them via the Exa API.

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