Legal Opinion

Mash v. Bloom

Wisconsin Supreme Court

Decided December 12, 1905PublishedCited by 6 opinions

Appeal from an. order of the circuit court for Dane county: E. Eat SteveNS, Circuit Judge. Plaintiff, Rebecca M. Mash, commenced an action against George F. Bloom, sole defendant, alleging her old age and needs, also ownership of two houses on the respective halves of lot 5, block 153, in Madison, the conveyance of one of the houses and the northeast half of the lot to the defendant, George F. Bloom, upon the sole consideration of the agreement, expressed therein, that he…

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Appeal from an. order of the circuit court for Dane county: E. Eat SteveNS, Circuit Judge. Plaintiff, Rebecca M. Mash, commenced an action against George F. Bloom, sole defendant, alleging her old age and needs, also ownership of two houses on the respective halves of lot 5, block 153, in Madison, the conveyance of one of the houses and the northeast half of the lot to the defendant, George F. Bloom, upon the sole consideration of the agreement, expressed therein, that he and his wife should reside on the granted premises and help take care of and nurse the plaintiff and administer to her…

1Opinion of the CourtDodge, J.

Affirmance of the order appealed from is of ■course, for appellant made no denial of the breaches of condition alleged in the complaint, nor any showing against plaintiff’s right to the judgment demanded. One whose rights ■cannot be prejudicially affected by the judgment has no ab■solute right to be made a party. Field v. Heckman, 118 Wis. 461, 95 N. W. 377. Nor can this court reverse action of the ■circuit court which does not “affect the substantial rights” of appellant. Sec. 2829, Stats. 1898.

Inasmuch, however, as it is possible that this defect might be cured upon a new application, wé…

2Cases cited16 opinions

  1. California v. Southern Pacific Co.Supreme Court of the United States · 1895
  2. Silberberg v. PearsonCourt of Appeals of Texas · 1889
  3. Godfrey v. ThorntonWisconsin Supreme Court · 1879
  4. Beranek v. BeranekWisconsin Supreme Court · 1902
  5. Carney v. GleissnerWisconsin Supreme Court · 1885

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3Cited by6 opinions

  1. In Re BlodgettDistrict Court, E.D. Wisconsin · 1953
  2. Fish Creek Park Co. v. Village of BaysideWisconsin Supreme Court · 1956
  3. Krueger v. GrothWisconsin Supreme Court · 1926
  4. Prochnow v. Northwestern Iron Co.Wisconsin Supreme Court · 1914
  5. O'Malley v. MillerWisconsin Supreme Court · 1912

1 more not listed; retrieve them via the Exa API.

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