Tyson v. McGuineas
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Tyson and two other persons, by their complaint in this action, allege that said Tyson . and one Delos L. Filer were at the several times hereinafter mentioned, .prior to August 13, 1866, copartners under the name of Filer & Tyson; that on said 13th of August Filer sold and transferred to the plaintiffs all his interest in said copartnership, and assigned to them all his interest in the cause of action hereinafter set forth,…
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APPEAL from the County Court of Milwaukee County. Tyson and two other persons, by their complaint in this action, allege that said Tyson . and one Delos L. Filer were at the several times hereinafter mentioned, .prior to August 13, 1866, copartners under the name of Filer & Tyson; that on said 13th of August Filer sold and transferred to the plaintiffs all his interest in said copartnership, and assigned to them all his interest in the cause of action hereinafter set forth, so far as the same had then accrued; that since said 13th of August plaintiffs have been, and still are, copartners…
1Opinion of the CourtCole, J.
The first point made upon the brief of the counsel for the defendants to sustain the nonsuit is, that the cause of action proven was local and not transitory, and could only be prosecuted in Manistee county, in the state of Michigan, where the realty, alleged to have been injured, is situated. The cause of action stated in the complaint is, for appropriating and converting by the defendants, to their own use, three million feet of pine timber and saw logs, the property of the plaintiffs. To sustain this cause of action, various witnesses were sworn upon the part of the plaintiffs, who gave…
2Cases cited4 opinions
- Pierrepont v. BarnardNew York Supreme Court · 1849
- Blanchard v. MyersNew York Supreme Court · 1812
- Duinneen v. RichWisconsin Supreme Court · 1868
- Sampson v. HammondCalifornia Supreme Court · 1854
3Cited by19 opinions
- Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
- Laslie v. Gragg Lumber Co.Supreme Court of Georgia · 1937
- Webber v. QuawWisconsin Supreme Court · 1879
- Arizona Commercial Mining Co. v. Iron Cap Copper Co.Massachusetts Supreme Judicial Court · 1920
- McGonigle v. AtchisonSupreme Court of Kansas · 1885
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