Sedgwick v. Blanchard
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dunn county: George Thompson, Circuit Judge. On the 31st day of December, 1903, H. C. Blanchard, an aged widower, was the owner of a farm, consisting of 160 acres, in Dunn County, Wisconsin.
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Appeal from a judgment of the circuit court for Dunn county: George Thompson, Circuit Judge. On the 31st day of December, 1903, H. C. Blanchard, an aged widower, was the owner of a farm, consisting of 160 acres, in Dunn County, Wisconsin. On that day he entered into a contract with his son, E. B. Blanchard, whereby the son agreed to at once take possession of said premises and personal property, till the farm, and provide the said H. C. Blanchard'with support and maintenance. The father agreed “to giye to said first party by deed or otherwise, to take effect at the death of said second…
1Opinion of the CourtOwen, J.
Respondent contends that the decision of the former case (164 Wis. 421, 160 N. W. 267) is res adjudi-cata. This depends upon whether the facts proved and found by the court substantially differ from the allegations of the complaint. If the facts upon which the present judgment is predicated are substantially different from the allegations of the complaint, then the formér decision is not res adjudicata and the present record must receive original investigation. Smith v. Sherry, 54 Wis. 114, 11 N. W. 465; Baker v. Madison, 62 Wis. 137, 22 N. W. 141, 583; McLennan v. Prentice, 85 Wis. 427, 55…
2Cases cited6 opinions
- Case v. HoffmanWisconsin Supreme Court · 1898
- Smith v. SherryWisconsin Supreme Court · 1882
- McLennan v. PrenticeWisconsin Supreme Court · 1893
- Baker v. City of MadisonWisconsin Supreme Court · 1885
- Sedgwick v. BlanchardWisconsin Supreme Court · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kroening v. KroeningWisconsin Supreme Court · 1936