Collins v. Corwith
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marathon county: Chas. Y. Babdeen, Circuit J udge. This is a creditors’ bilí to enforce collection of a judgment against J. E. Leahy upon the undivided one half of a mill plant described, and to set aside a mortgage and a deed by him given tbereon, the one dated January 21,1886, and the the other December 3, 1890. The issue being joined and the trial had, the court found, in effect, the following facts: That from April 1Y,…
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Appeal from a judgment of the circuit court for Marathon county: Chas. Y. Babdeen, Circuit J udge. This is a creditors’ bilí to enforce collection of a judgment against J. E. Leahy upon the undivided one half of a mill plant described, and to set aside a mortgage and a deed by him given tbereon, the one dated January 21,1886, and the the other December 3, 1890. The issue being joined and the trial had, the court found, in effect, the following facts: That from April 1Y, 1886, to December, 1890, the defendant Leahy was a logger and lumberman, doing a large business in logging and lumbering,…
1Opinion of the CourtCassoday, C. J.
The case turns wholly upon the evidence and well-established principles of law. Both parties claim under J. E. Leahy. It is true, as contended by the appellants’ counsel, that the testimony of Leahy was incompetent “in respect to any transaction or communication by him personally with ” Henry Corwith, deceased. Sec. 4069, S. & B. Ann. Stats., and cases cited in the notes. The trial court, however, in this equity case, very properly received such testimony under objection, as it was necessarily more or less mixed up with competent evidence. But when the court decided the case, he said in his…
2Cases cited6 opinions
- Winner v. HoytWisconsin Supreme Court · 1886
- Fuller & Fuller Co. v. McHenryWisconsin Supreme Court · 1892
- Maxwell v. SimontonWisconsin Supreme Court · 1892
- Jameson v. MaxcyWisconsin Supreme Court · 1895
- Northern National Bank v. WeedWisconsin Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Kickbusch v. CorwithWisconsin Supreme Court · 1901
- Sweet v. NeffWisconsin Supreme Court · 1899