Legal Opinion

Bartz v. Paff

Wisconsin Supreme Court

Decided February 2, 1897PublishedCited by 19 opinions

Appeals from a judgment of the oireuit court for Marathon county: Chas. Y. Baedeen, Circuit Judge. Action by the receiver of a judgment debtor to reach certain property in which the debtor had an interest, and subject it to the satisfaction of the judgment. This cause was commenced against Jacob Paff and others. Subsequently he died, and the cause was duly revived against his representative.

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Appeals from a judgment of the oireuit court for Marathon county: Chas. Y. Baedeen, Circuit Judge. Action by the receiver of a judgment debtor to reach certain property in which the debtor had an interest, and subject it to the satisfaction of the judgment. This cause was commenced against Jacob Paff and others. Subsequently he died, and the cause was duly revived against his representative. The complaint, by appropriate allegations, sets forth that in March, 1883, a cause of action for damages accrued to Edward Meier against defendant Henry Paulus, growing out of negligent treatment by the…

1Opinion of the Court

The following opinion was filed Hovember 24, 1896:

MaRshall, J.

The first question in order in the discussion of this case is, "Was the contract between Jacob Raff, deceased, and Henry Paulus so far executed as to render it enforceable in equity ?

It does not appear that there is any controversy respecting what the contract was in fact. The only objection raised to its enforcement appears to be that it was indefinite in respect to the time of payment for the land. The price per acre was agreed upon. The vendee was put in possession of the premises, and he continued in such possession from the…

2Cases cited5 opinions

  1. Lathrop v. BamptonCalifornia Supreme Court · 1866
  2. Brandeis v. NeustadtlWisconsin Supreme Court · 1860
  3. Docter v. HellbergWisconsin Supreme Court · 1886
  4. School District No. 3 v. MacloonWisconsin Supreme Court · 1856
  5. Stacy v. Stichton & Co.Supreme Court of Iowa · 1859

3Cited by19 opinions

  1. Trotter v. LewisCourt of Appeals of Maryland · 1946
  2. United States v. DunnSupreme Court of the United States · 1925
  3. Ray v. WoosterSupreme Court of Missouri · 1954
  4. Mueller v. Novelty Dye WorksWisconsin Supreme Court · 1956
  5. Kipp v. LaunWisconsin Supreme Court · 1911

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