Legal Opinion

Chase v. Doxtater

Wisconsin Supreme Court

Decided January 9, 1912PublishedCited by 7 opinions

Appeal from a judgment of the circuit court for Brown county: S. D. HastiNGS, Circuit Judge. This is an appeal by Doxtater and wife from a judgment against the garnishee, in a garnishment proceeding ancillary to the main action brought by Chase against the Doxtaters upon a joint promissory note executed by them to Chase for $223.85. Judgment in the principal action-for the amount of the note and costs was duly rendered.

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Appeal from a judgment of the circuit court for Brown county: S. D. HastiNGS, Circuit Judge. This is an appeal by Doxtater and wife from a judgment against the garnishee, in a garnishment proceeding ancillary to the main action brought by Chase against the Doxtaters upon a joint promissory note executed by them to Chase for $223.85. Judgment in the principal action-for the amount of the note and costs was duly rendered. In the garnishee proceeding Wheelock answered, admitting that he was indebted to the main defendants in the sum of $223.85, being the remainder of the proceeds of the sale of…

1Opinion of the Court

Tbe following opinion was filed October 24, 1911:

WiNsnow, O. J.

Tbe conclusion of tbe trial judge seems unquestionably right upon facts which are practically undisputed. Although differing somewhat as to details, Doxtater and Wheelock agree that Doxtater bad no concern with tbe sale of tbe land to Wilcox, but that it was understood that Doxtater was to deliver tbe deed to. Wheelock and that Wheel-ock was to be responsible to him for tbe purchase price. Dox-*585tater is tbe most certain of tbis, and says in so many words that Wheelock was to pay the $1,250 in cash on delivery of the deed. The…

2Cases cited1 opinion

  1. Davelaar v. Blue Mound Investment Co.Wisconsin Supreme Court · 1901

3Cited by7 opinions

  1. First Nat. Bank of Cordell v. City Guaranty Bank of HobartSupreme Court of Oklahoma · 1935
  2. Davidson v. FinleySupreme Court of Oklahoma · 1924
  3. Estate of Onstad v. OnstadWisconsin Supreme Court · 1937
  4. In Re Swanson's EstateSouth Dakota Supreme Court · 1961
  5. Wanta v. PerszykWisconsin Supreme Court · 1932

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