Mann v. Ætna Insurance
Wisconsin Supreme Court
APPEAL from the County Court of Milwciuhee County. This was an action to recover the amount of a judgment which had been rendered in said county court in 1865, in favor of The TEina Insurance Company against William Aldrich and others (constituting the firm of Aldrich, Smith & Co.), and had been paid by the present plaintiffs.
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APPEAL from the County Court of Milwciuhee County. This was an action to recover the amount of a judgment which had been rendered in said county court in 1865, in favor of The TEina Insurance Company against William Aldrich and others (constituting the firm of Aldrich, Smith & Co.), and had been paid by the present plaintiffs. The essential facts alleged in the complaint are stated in the preceding case of The IEtna, Insurance Company v. Aldrich and others, ante, 'p. 107. The defendant demurred to the complaint as not stating a cause of action, and as showing a want of jurisdiction in the…
1Opinion of the CourtCole, J.
The position was not seriously questioned on the argument, that money paid upon a judgment which was subsequently reversed for error, may be recovered back in an action for money had and received to the use of the party paying it. ■ Doubts have been expressed as to what was the proper remedy in such a case, but none that we are aware of as to the right of the party paying the money to have restitution made in some form. Clark v. Pinney, 6 Cow., 297; Maghee v. Kellogg, 24 Wend., 32. The learned counsel for the defendant does not controvert the general proposition, but he insists that upon the…
2Cases cited6 opinions
- Clark v. PinneyNew York Supreme Court · 1826
- Jones v. BillsteinWisconsin Supreme Court · 1871
- Grady v. RobinsonSupreme Court of Alabama · 1856
- Sturges v. Allis & LeeNew York Supreme Court · 1833
- Raun v. ReynoldsCalifornia Supreme Court · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Chapman v. SuttonWisconsin Supreme Court · 1887
- Woodward v. State ex rel. ThomssenNebraska Supreme Court · 1899
- Gordon v. HillmanCalifornia Court of Appeal · 1920
- General Accident Insurance Co. of America v. SchoendorfCourt of Appeals of Wisconsin · 1995
- Mann v. Ætna InsuranceWisconsin Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.