Galusha v. Sherman
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eaw Claire county: Jambs O’Neill, Circuit Judge. Action in equity to set aside a note and mortgage on the-ground of duress. The issues made by the pleadings sufficiently appear from the facts found by the trial court, which-are in substance as follows: October 29, 1894:, Bradley B. /Sherman, claiming to have been injured by eating impure meat, believing it to be wholesome, which was furnished to-him for food by D. JL.
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Appeal from a judgment of the circuit court for Eaw Claire county: Jambs O’Neill, Circuit Judge. Action in equity to set aside a note and mortgage on the-ground of duress. The issues made by the pleadings sufficiently appear from the facts found by the trial court, which-are in substance as follows: October 29, 1894:, Bradley B. /Sherman, claiming to have been injured by eating impure meat, believing it to be wholesome, which was furnished to-him for food by D. JL. Galusha with knowledge, or reasonable means of knowledge, of its character, commenced an action against Galusha to recover…
1Opinion of the CourtMarshall, J.
The cause does not seem to have been properly determined by the trial court by a finding on each material fact in issue. Presumably the praétice was followed of deciding the issues in a general way and then signing; *266findings prepared and presented by the successful party, without a sufficient examination of them to see whether all the material issues are properly and specifically determined. It is proper to permit the attorney for a prevailing party to prepare the findings, but his duty in that regard should be strictly confined to the drafting and submitting of a paper which, when signed and…
2Cases cited28 opinions
- Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
- United States v. HuckabeeSupreme Court of the United States · 1873
- Kercheval v. DotyWisconsin Supreme Court · 1872
- Wolfe v. MarshalSupreme Court of Missouri · 1873
- Continental National Bank of Chicago v. McGeochWisconsin Supreme Court · 1896
23 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Winget v. RockwoodCourt of Appeals for the Eighth Circuit · 1934
- Gardner v. WatsonCalifornia Supreme Court · 1915
- McIsaac v. McMurraySupreme Court of New Hampshire · 1915
- Kamuchey v. TrzesniewskiWisconsin Supreme Court · 1959
- Williamson v. AckermanSupreme Court of Kansas · 1908
69 more not listed; retrieve them via the Exa API.