Taylor v. Donahoe
Wisconsin Supreme Court
Appeal from a judgment of tbe municipal court of Rock county: Chables L. Fipield, Judge. This is a garnishee action. Tbe plaintiff, Taylor, sued Thomas Finnegan in justice court, and garnished one E. M. Calkins,. Taylor recovered judgment in the main action for '$138, damages and costs.
Read the full summary
Appeal from a judgment of tbe municipal court of Rock county: Chables L. Fipield, Judge. This is a garnishee action. Tbe plaintiff, Taylor, sued Thomas Finnegan in justice court, and garnished one E. M. Calkins,. Taylor recovered judgment in the main action for '$138, damages and costs. The garnishee, Calkins, answered ■to the effect that in March, 1903, he purchased from Donahoe ■■a crop of tobacco for the agreed price of $753.74;, which was 'delivered to him by the defendant Finnegan; that he had paid 'one half thereof to Donahoe, and had in his hands the remaining half, $376.87, and that…
1Opinion of the Court
Tbe following opinion was filed June 23,’ 1905:
WiNsnow, J.
Really tbe only question in tbe case is-whether Donahoe or Finnegan owned tbe crop of tobacco sold to Oalkins, and this question is answered when it is determined whether Finnegan was a tenant or a cropper. If a. tenant, be owned tbe crop; if a cropper, Donahoe owned it *517and was entitled to dispose of it. Tbe distinction between a tenant and a cropper is that a tenant has an estate in the land for a given time, and a right of property in the crops, and hence makes the division thereof between himself and the landlord in case of an…
Also in this document: Dissent.
2Cases cited2 opinions
- Strain v. GardnerWisconsin Supreme Court · 1884
- Kelly v. RummerfieldWisconsin Supreme Court · 1903
3Cited by5 opinions
- In Re OkaharaCalifornia Supreme Court · 1923
- O'Brien v. WebbDistrict Court, N.D. California · 1921
- Schultz v. WilliamsWisconsin Supreme Court · 1932
- Herreid v. BroadheadWisconsin Supreme Court · 1933
- Atwood v. FreundWisconsin Supreme Court · 1935