Oleson v. Merrihew
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. The case is thus stated by Mr. Justice Taylor: “This was an action commenced in a justice’s court, to recover a part of the consideration received by the defendant on the sale of a ‘ Threshing Machine ITorse Power ’ belonging to the plaintiff; The only real defense was a former suit in bar.
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APPEAL from the Circuit Court for Fond du Lao County. The case is thus stated by Mr. Justice Taylor: “This was an action commenced in a justice’s court, to recover a part of the consideration received by the defendant on the sale of a ‘ Threshing Machine ITorse Power ’ belonging to the plaintiff; The only real defense was a former suit in bar. “The evidence on the trial shows that, prior to the commencement of this action, the plaintiff and one O. Storle commenced a suit against the same defendant, in a justice’s court, to recover for a part of the consideration received by the defendant on…
1Opinion of the CourtTaylob, J.
Upon the evidence, we think there are two reasons why the former judgment is not a bar to the present action:
1. Because the parties to the former action were not the same as the parties to this action. The record in that action is conclusive that the defendant was indebted to the plaintiffs Oleson and Storle for the sum of $75, a part of the money received on the sale of the machine. The judgment rendered in the former suit, and which has been paid by the defendant, estops him from denying that the part of the money received by him on the sale of the machine, and recovered in that action,…
2Cases cited5 opinions
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
- Bannister v. Patty'sWisconsin Supreme Court · 1874
- McFarlane v. CushmanWisconsin Supreme Court · 1867
- Bull v. HopkinsNew York Supreme Court · 1810
- Kane v. FisherSupreme Court of Pennsylvania · 1834
3Cited by6 opinions
- Wisconsin v. TorinusSupreme Court of Minnesota · 1881
- Goodwin v. SnyderWisconsin Supreme Court · 1890
- Eide v. ClarkeSupreme Court of Minnesota · 1896
- Marks v. StevensSupreme Court of Oklahoma · 1918
- Tierney v. AbbottWisconsin Supreme Court · 1879
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