Shekey v. Eldredge
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bock County. Action to restrain the collection of a judgment in favor of the defendants Eldredge and Badoliffe, against Margaret and Owen McDermott, claimed to be a lien upon the plaintiff’s homestead, and to have such judgment declared to be void and of no effect. The facts are stated in the opinion. The plaintiff appeals from a judgment in favor of the defendants.
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APPEAL from the Circuit Court for Bock County. Action to restrain the collection of a judgment in favor of the defendants Eldredge and Badoliffe, against Margaret and Owen McDermott, claimed to be a lien upon the plaintiff’s homestead, and to have such judgment declared to be void and of no effect. The facts are stated in the opinion. The plaintiff appeals from a judgment in favor of the defendants. To the point that the affirmative testimony of even one credible witness to a fact is entitled to more weight than that of several who testify negatively, they cited Bal/ph v. G. <& ET. W. B. Go.…
1Opinion of the CourtOetoN, J.
The history cf this case appears to be this: The plaintiff purchased the premises at an administrator’s *539sale as the property of the estate of Margaret McDermott, deceased, and has improved the same, and now occupies it as his homestead. In the life-time of said Margaret McDer-mott, there had been a judgment rendered against her and her husband, Owen McDermott, before a justice of the peace, in favor of the defendants D. H. Eldredge and W. J. Radcliffe, by default; and the defendants in said judgment had taken certain steps, by giving notice, filing the necessary affidavit, and paying the fees…
2Cases cited3 opinions
- Bierbach v. Goodyear Rubber Co.Wisconsin Supreme Court · 1882
- Elkins v. KenyonWisconsin Supreme Court · 1874
- Sobey v. ThomasWisconsin Supreme Court · 1876
3Cited by8 opinions
- Anderson v. Horlick's Malted Milk Co.Wisconsin Supreme Court · 1909
- Hildman v. City of PhillipsWisconsin Supreme Court · 1900
- Adams v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1895
- McCoy v. Milwaukee Steeet Railway Co.Wisconsin Supreme Court · 1892
- Alft v. City of ClintonvilleWisconsin Supreme Court · 1905
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