Legal Opinion · Dissent

Johnson v. Brewers' Fire Insurance Co. of America

Wisconsin Supreme Court

Decided March 24, 1881Published

APPEAL from the County Court of Mil/wauJsee County. Action upon a Michigan judgment. The following statement of facts was prepared by Mr. Justice Oassoday as the basis of his dissenting opinion. A briefer outline of the facts will be found in the opinion of Mr. Chief Justice Cole.

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APPEAL from the County Court of Mil/wauJsee County. Action upon a Michigan judgment. The following statement of facts was prepared by Mr. Justice Oassoday as the basis of his dissenting opinion. A briefer outline of the facts will be found in the opinion of Mr. Chief Justice Cole. On the 29th of June, 1874, Boswell, assignor of the plaintiff, Johnson, commenced a suit against the defendant company, in the circuit court for the county of Menominee in the state of Michigan, to recover upwards of $2,000 damages caused by loss from fire, upon a policy of insurance issued by the defendant. Process…

1DissentCassoday, J.

The fact that the supreme court of the United States is the final arbiter of the questions involved, would seem to require a brief statement-of the reasons which impel dissent from the views of the majority of the court in this case. The opinion filed brings the questions into very narrow limits. It is virtually conceded that the petition and bond filed May 3, 1875, were in time, and each in strict conformity with the requirements of the act of March 3,1875. The application was at the first term of the court after the passage of the act, and was therefore in time. Removal Cases, 100 U. S.,…

2Cases cited23 opinions

  1. Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
  2. Meyer v. Construction CompanySupreme Court of the United States · 1879
  3. Home Ins. Co. v. MorseSupreme Court of the United States · 1874
  4. Gaines v. FuentesSupreme Court of the United States · 1876
  5. Railroad Co. v. MississippiSupreme Court of the United States · 1880

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