McDonald v. Falvey
Wisconsin Supreme Court
APPEAL from the Circuit Court for Vernon County. On the 3d of September, 1861, a judgment was docketed in said circuit court in favor of Ann McDonald against Thomas Fahey, for #1438 damages, and $50.33 costs.
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APPEAL from the Circuit Court for Vernon County. On the 3d of September, 1861, a judgment was docketed in said circuit court in favor of Ann McDonald against Thomas Fahey, for #1438 damages, and $50.33 costs. On the 28th of October following, L. W. Graves, Esq., the attorney of record for the plaintiff, filed an acknowledgement of the satisfaction of said judgment, except the sum of $310, which acknowledgment was signed by himself as such attorney; and an entry in accordance with this acknowledgement was made on the judgment docket. At the June term, 1863, of said court, the plaintiff moved…
1Opinion of the Court
By the Court,
Dixoír, 0. J.
The amount involved in this motion is considerable. It is upwards of $1000, and more than three fourths of the sum for which the judgment was originally entered. The proofs are the most conflicting. It is affidavit against affidavit, and oath against oath. We are satisfied that it is not a case which should be finally determined upon the affidavits. It should be left to the ordinary mode established for the trial of contested questions of fact. An issue should have been made, and the facts submitted to a jury. Upon the affidavits presented, with no opportunity of…
2Cases cited3 opinions
- Cooley v. GregoryWisconsin Supreme Court · 1862
- Everitt v. KnappNew York Supreme Court · 1810
- Lansing v. OrcottNew York Supreme Court · 1819
3Cited by4 opinions
- Atchison, Topeka & Santa Fé Railroad v. JohnsonSupreme Court of Kansas · 1883
- Hooper v. SmithWisconsin Supreme Court · 1889
- Stroheim v. DeimelCourt of Appeals for the Seventh Circuit · 1897
- Auerbach v. MasksWisconsin Supreme Court · 1897