Spuhr v. Kolb
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: Chas. M. Webb, Judge. A suit in equity by plaintiff, a judgment creditor of defendant John M. Kolb, to set aside conveyances from John M. Kolb to his brother-in-law, John Hornung, and from the latter to the former’s wife, Carolina Kolb.
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Appeal from a judgment of the circuit court for La Crosse county: Chas. M. Webb, Judge. A suit in equity by plaintiff, a judgment creditor of defendant John M. Kolb, to set aside conveyances from John M. Kolb to his brother-in-law, John Hornung, and from the latter to the former’s wife, Carolina Kolb. At the close of the plaintiff’s evidence, which consisted principally in the examination of the defendants, upon a motion for judgment in plaintiff’s favor the court made findings to the effect that the conveyance from John Kolb to Hornung was in consideration of the cancellation and settlement…
1Opinion of the CourtDodge, J.
A careful examination of the evidence shows that, if the witnesses are believed, their testimony overwhelmingly sustains the findings of the court. There are suspicious circumstances and contradictions in the evidence, which might justify a trial court in discrediting those witnesses, but the situation so arising is one upon which the trial court has peculiar advantages for reaching a correct conclusion. The manner and appearance of the witnesses in the explanation of such discrepancies is of very great value. The case, therefore, especially invites the application of the rule that, upon…
2Cases cited2 opinions
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- Ripon Hardware Co. v. HaasWisconsin Supreme Court · 1916
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