Legal Opinion

Zimmerman v. Turner

Wisconsin Supreme Court

Decided June 15, 1869PublishedCited by 5 opinions

EBROE to the Circuit Court for Ozaukee County. The action below was ejectment by Zimmerman. The cause was brought to this court at the September term, 1867, on a bill of exceptions, from which it appeared that a deed to the plaintiff from the state and county, executed by the clerk of the board of supervisors of said county, and sealed with his official seal, was offered in evidence, but ruled out because not sealed with his private seal.

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EBROE to the Circuit Court for Ozaukee County. The action below was ejectment by Zimmerman. The cause was brought to this court at the September term, 1867, on a bill of exceptions, from which it appeared that a deed to the plaintiff from the state and county, executed by the clerk of the board of supervisors of said county, and sealed with his official seal, was offered in evidence, but ruled out because not sealed with his private seal. It did not appear, however, that this was a tax deed; and this court therefore affirmed the judgment of dismissal rendered by the court below, without…

1Opinion of the CourtDixon, C. J.

Counsel for the defendants in error object, that this is a second writ of error sued out upon the same judgment, which judgment was affirmed by this court upon the former writ, and therefore that this writ will not lie, but should be dismissed. An inspection of the records now in this court shows that the objection is well founded. This is a writ of error to the same judgment which was affirmed by this court in Zimmerman v. Turner and another, 22 Wis. 370. After the judgment was there affirmed, and the cause re-' *484mancled, the plaintiff in error procured the bill of exceptions to be resettled,…

2Cases cited1 opinion

  1. Zimmerman v. TurnerWisconsin Supreme Court · 1867

3Cited by5 opinions

  1. McDonald v. StateWisconsin Supreme Court · 1891
  2. Krantz v. Rio Grande Western Railway Co.Utah Supreme Court · 1896
  3. Scottish American Mortgage Co. v. ReeveNorth Dakota Supreme Court · 1898
  4. Adams v. Board of CommissionersIndiana Supreme Court · 1905
  5. Pollock v. CohenOhio Supreme Court · 1877

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