Kendall v. Beaudry
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. I). TIastiNGS, Je., Circuit Judge. The plaintiff, appointed as receiver in supplementary proceedings upon execution against August Beaudry, commenced this action in 1896 against the defendants to recover from Zelia Beaudry moneys and property in her hands, claimed to belong to August, her husband.
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Appeal from a judgment of the circuit court for Brown county: S. I). TIastiNGS, Je., Circuit Judge. The plaintiff, appointed as receiver in supplementary proceedings upon execution against August Beaudry, commenced this action in 1896 against the defendants to recover from Zelia Beaudry moneys and property in her hands, claimed to belong to August, her husband. The facts disclosed, so far as material, were that August Beaudry had been a moderately successful laborer and oper■ator in timber lands up to 1888. Tie bad at that time a homestead, upon which was situated, in one building, a store…
1Opinion of the Court
Dod&e, J.
The evidence is voluminous, conflicting, and confused, and we cannot say that the finding of the court is antagonized by any clear preponderance thereof. The appellant contends that all the - earnings in that business are the fruits of defendant August Beaudry’s skill and services, and therefore should belong to his creditors. This is by no *184means strictly an accurate statement of the result of the evidence. Doubtless August Beaudry's shill and knowledge of the cedar business were an important element therein, but those alone could not have accomplished the result; for capital was…
2Cases cited5 opinions
- Aldridge v. MuirheadSupreme Court of the United States · 1880
- Dayton v. WalshWisconsin Supreme Court · 1879
- Tripp v. ChildsNew York Supreme Court · 1852
- Mayers v. KaiserWisconsin Supreme Court · 1893
- Ansorge v. BarthWisconsin Supreme Court · 1894
3Cited by4 opinions
- Badger Lumber Co. v. SternWisconsin Supreme Court · 1905
- Brunette v. NorberWisconsin Supreme Court · 1907
- Buckles v. WaggonerSupreme Court of Oklahoma · 1947
- Rowe v. DrohenCourt of Appeals for the Second Circuit · 1919