McFarlane v. Cushman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. In 1861, Cushman executed, to McFarlane a penal bond, conditioned to pay the latter $245.70, with, interest from date, when McFarlane should perfect his title to certain lands flowed by Cushman, so that the title thereto should be “formally or informally adjudged to be perfect by the judge of the circuit court for said county, upon production to him of an abstract thereof, duly certified by the register of deeds and other…
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APPEAL from the Circuit Court for Jefferson County. In 1861, Cushman executed, to McFarlane a penal bond, conditioned to pay the latter $245.70, with, interest from date, when McFarlane should perfect his title to certain lands flowed by Cushman, so that the title thereto should be “formally or informally adjudged to be perfect by the judge of the circuit court for said county, upon production to him of an abstract thereof, duly certified by the register of deeds and other officers of said county, and notice to said Cushman, his heirs or assigns,” and should deliver to him or them a grant of…
1Opinion of the CourtDixon, C. J.
There is no error in the proceedings or judgment. The former judgment is no bar, because the condition of the bond had not then been complied with. The plaintiff had not then produced before the referee the evidence upon which the referee was authorized to act, and there was no money due to the plaintiff by the terms of the bond itself. McFarlane v. Cushman, 19 Wis., 357. It was an action prematurely instituted, and judgment was rendered against the plaintiff for that reason. Bull v. Hopkins, 7 Johns., 22.
There was no error in rejecting the judgment roll and record in the case of Lilburn v.…
2Cases cited3 opinions
- Bull v. HopkinsNew York Supreme Court · 1810
- Van Antwerp v. StewartNew York Supreme Court · 1811
- McFarlane v. CushmanWisconsin Supreme Court · 1865
3Cited by13 opinions
- Wisconsin v. TorinusSupreme Court of Minnesota · 1881
- Bowie v. TrowbridgeSupreme Court of Iowa · 1916
- Baxter v. AubreyMichigan Supreme Court · 1879
- Oleson v. MerrihewWisconsin Supreme Court · 1878
- Inhabitants of Embden v. LishernessSupreme Judicial Court of Maine · 1897
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