Legal Opinion

Shekey v. Eldredge

Wisconsin Supreme Court

Decided April 17, 1888PublishedCited by 8 opinions

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

  1. Bierbach v. Goodyear Rubber Co.Wisconsin Supreme Court · 1882
  2. Elkins v. KenyonWisconsin Supreme Court · 1874
  3. Sobey v. ThomasWisconsin Supreme Court · 1876

3Cited by8 opinions

  1. Anderson v. Horlick's Malted Milk Co.Wisconsin Supreme Court · 1909
  2. Hildman v. City of PhillipsWisconsin Supreme Court · 1900
  3. Adams v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1895
  4. McCoy v. Milwaukee Steeet Railway Co.Wisconsin Supreme Court · 1892
  5. Alft v. City of ClintonvilleWisconsin Supreme Court · 1905

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