Legal Opinion

Bates v. Ableman

Wisconsin Supreme Court

Decided November 19, 1860PublishedCited by 11 opinions

APPEAL from tbe Circuit Court for Sauk County. Seymour made an assignment of Ms personal property to Bates, in trust for bis creditors, several of whom afterwards caused a portion of tbe property to be seized and sold under attacbments against Seymour. This action was brought by Bates against tbe attacking creditors, tbe officer who seized tbe property, and tbe attorneys wbo directed tbe seizure, to recover its value.

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APPEAL from tbe Circuit Court for Sauk County. Seymour made an assignment of Ms personal property to Bates, in trust for bis creditors, several of whom afterwards caused a portion of tbe property to be seized and sold under attacbments against Seymour. This action was brought by Bates against tbe attacking creditors, tbe officer who seized tbe property, and tbe attorneys wbo directed tbe seizure, to recover its value. The validity of the assignment was the question in controversy. The assignment was dated vember 29th, 1856, and a subscribing witness to it testified that it was delivered that…

1Opinion of the Court

By the Court,

PAINE, J.

The first question presented by ^ exceptions is, whether the testimony of Cameron, as to the statements made by Seymour after the assignment, as to his intention in mating it, should have been admitted. "We think it was properly excluded. The statements of Seymour were not those of a party to the suit, and were not admissible on that ground. They were not admissions by a vendor with respect to his title, made before he had parted with it. They were no part of the res gestae. ~We can therefore see no principle of evidence upon which they could be admitted. It is…

2Cases cited2 opinions

  1. Carpenter v. . UnderwoodNew York Court of Appeals · 1859
  2. Ogden v. PetersNew York Supreme Court · 1853

3Cited by11 opinions

  1. Mack v. StateWisconsin Supreme Court · 1880
  2. Estabrook v. MessersmithWisconsin Supreme Court · 1864
  3. Rumery v. McCullochWisconsin Supreme Court · 1882
  4. Palmer v. SmithWisconsin Supreme Court · 1911
  5. Hairgrove v. MillingtonSupreme Court of Kansas · 1871

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