Kammermeyer v. Hilz
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: I). H. Johesom, Circuit Judge. The complaint sets out that the defendants in April, 1891, received from one Priest the sum of $2,850, to the use of the plaintiff.
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Appeal from a judgment of the circuit court for Milwaukee county: I). H. Johesom, Circuit Judge. The complaint sets out that the defendants in April, 1891, received from one Priest the sum of $2,850, to the use of the plaintiff. The answer of the defendant Adam alleges, that the plaintiff is the daughter of the defendants; that while under age she was seduced by Priest; that he commenced a suit to recover his damages for such seduction; that Priest paid $3,000 in settlement of the suit, and $200. was paid for attorney’s services; that plaintiff had no claim thereon and was not entitled to any…
1Opinion of the CourtBaedeeit, J.
This case presents some very novel features. 'The complaint shows that it is a straight action at law for •money had and received. After the evidence was all in, the court conceived the idea that it was an action to enforce •a trust, and thereupon, against defendants’ objections, submitted special findings to the jury, and made findings of fact •and conclusions of law as in an ordinary equity suit. If the 'conclusion that this is an action to enforce a trust can be justified, still there was no warrant in our practice for turning the case into an equitable proceeding, against the defendants’…
2Cases cited1 opinion
- Brand v. JamesWisconsin Supreme Court · 1886
3Cited by4 opinions
- Loehr v. DicksonWisconsin Supreme Court · 1910
- Meyer v. DohertyWisconsin Supreme Court · 1907
- Barchent v. SnyderWisconsin Supreme Court · 1906
- Kammermeyer v. HilzWisconsin Supreme Court · 1903