Andrews v. Thayer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Miliuauhee County. Action for the foreclosure of a farm mortgage, complaint in the ordinary form. The circuit judge found the facts as follows : “ This action appears by the record to have been originally commenced in the name of Jesse Andrews, the original attorney of record being De "Witt Davis Esq.
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APPEAL from the Circuit Court for Miliuauhee County. Action for the foreclosure of a farm mortgage, complaint in the ordinary form. The circuit judge found the facts as follows : “ This action appears by the record to have been originally commenced in the name of Jesse Andrews, the original attorney of record being De "Witt Davis Esq. The record further shows, that on the 8th day of September, 1869, a supplemental complaint was filed herein for the purpose of reviving this action in the name of the administratrix of the original plaintiff, and on the same day a rule to show cause why this…
1Opinion of the CourtDixon, C. J.
The bill of exceptions is not certified to contain all the evidence given on the trial, and therefore the findings of fact by the judge cannot be reviewed. We must take the facts as found, and cannot look into the evidence to see whether they were supported. We can, however, examine the conclusions of law, to determine how far the facts found sustain them. A proper exception for this purpose was taken, and upon that exception we think the plaintiff must prevail. There is nothing in the facts found to sustain the conclusion “of •unlawful maintenance at the common law by the attorney who has…
2Cases cited4 opinions
- Burson v. HuntingtonMichigan Supreme Court · 1870
- Truman v. McCollumWisconsin Supreme Court · 1866
- Beloit & Madison Railroad v. PalmerWisconsin Supreme Court · 1865
- Patterson v. BallWisconsin Supreme Court · 1865
3Cited by10 opinions
- McNeil v. JordanSupreme Court of Kansas · 1882
- Chipman v. TuckerWisconsin Supreme Court · 1875
- Supervisors of La Pointe v. O'MalleyWisconsin Supreme Court · 1879
- Rehbein v. RahrWisconsin Supreme Court · 1901
- Blair v. Security BankSupreme Court of Virginia · 1905
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