Mygatt v. Tarbell
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwcmliee County. Action on contract. May 4, 1888, defendant, Tarbell, obtained two judgments of $9,000 and $31,000, respectively, against one Burton, and on the same day execution was issued to the sheriff of Milwaukee county upon the smaller judgment. May 10, 1888, the plaintiff’s intestate, Henry M. Mygatt. obtained a judgment against said Burton for over $11,000, and issued execution thereon to the said sheriff.
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APPEAL from the Superior Court of Milwcmliee County. Action on contract. May 4, 1888, defendant, Tarbell, obtained two judgments of $9,000 and $31,000, respectively, against one Burton, and on the same day execution was issued to the sheriff of Milwaukee county upon the smaller judgment. May 10, 1888, the plaintiff’s intestate, Henry M. Mygatt. obtained a judgment against said Burton for over $11,000, and issued execution thereon to the said sheriff. At the same time Mr. Maxon, Mygatt’s attorney, informed the sheriff that Burton owned certain shares of stock in the Bessemer Consolidated Iron…
1Opinion of the CourtWinslow, J.
This case has been once before this court upon appeal from a judgment of nonsuit granted upon a former trial. 18 Wis. 351. It was there held that the nonsuit was improperly granted, and that the cause should have gone to the jury. As the plaintiff’s evidence only was before the court upon that appeal, and the facts which that evidence legitimately tended to establish were taken as proven for the purposes of the appeal, much that was said there is inapplicable now, because upon the present trial there was a sharp conflict of evidence upon all the material issues. ■'
The plaintiff sues defendant…
2Cases cited3 opinions
- Valley Lumber Co. v. SmithWisconsin Supreme Court · 1888
- Simonsen v. StachlewiczWisconsin Supreme Court · 1892
- Bell v. RadfordWisconsin Supreme Court · 1888
3Cited by10 opinions
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
- Anderson v. Arpin Hardwood Lumber Co.Wisconsin Supreme Court · 1907
- Fosila v. O'DonnellWisconsin Supreme Court · 1904
- Morris F. Fox & Co. v. LismanWisconsin Supreme Court · 1932
- Moller v. J. L. Gates Land Co.Wisconsin Supreme Court · 1903
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