Legal Opinion

Frankfurth v. Steinmeyer

Wisconsin Supreme Court

Decided February 18, 1902PublishedCited by 6 opinions

Appeal from a judgment of the circuit court for Wauke-■sha county: James J. Dice, Circuit Judge. This is an appeal from a judgment confirming an award of arbitrators partitioning and dividing the real estate and property described between the parties as tenants in common; that is to say, so that Bteinmeyer and Ott have one half thereof, having due regard to the relative size and value of the same, and to Frcmkfurth and Maschauer the other half thereof, having due regard to…

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Appeal from a judgment of the circuit court for Wauke-■sha county: James J. Dice, Circuit Judge. This is an appeal from a judgment confirming an award of arbitrators partitioning and dividing the real estate and property described between the parties as tenants in common; that is to say, so that Bteinmeyer and Ott have one half thereof, having due regard to the relative size and value of the same, and to Frcmkfurth and Maschauer the other half thereof, having due regard to the size and value of the same. The land appears to be situated on the southerly end and 'westerly side of Lake Garvin,…

1Opinion of the Court

Cassoday, O. J.

It is admitted that one of tbe arbitrators was at tbe time of bis appointment an attorney for Franlcfurth and Maschauer, and another was attorney for Steinmeyer and Ott. There is evidence tending to prove that during tbe pendency of tbe matter before tbe arbitrators each of tbe arbitrators mentioned consulted with tbe clients who so appointed him in relation to some of tbe matters so to be determined by tbe arbitrators. Tbe general rule undoubtedly is “that whomsoever tbe parties see fit to select . . . may be chosen as arbitrators.” 2 Am. & Eng. Ency. of Law (2d ed.), 633-637.…

2Cases cited2 opinions

  1. Moshier v. ShearIllinois Supreme Court · 1881
  2. McCord v. FlynnWisconsin Supreme Court · 1901

3Cited by6 opinions

  1. Richco Structures v. Parkside Village, Inc.Wisconsin Supreme Court · 1978
  2. Goldmann Trust v. GoldmannWisconsin Supreme Court · 1965
  3. Putterman v. SchmidtWisconsin Supreme Court · 1932
  4. Scott v. Arden Farms Co.Court of Chancery of Delaware · 1942
  5. Goldmann Trust v. GoldmannWisconsin Supreme Court · 1965

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