Nelson v. Stephens
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane 'county: E. Gf. Siebeckee, Circuit Judge.. This action was commenced to recover upon an undertaking given by the defendant upon an appeal to this court from a judgment in favor of the plaintiffs and against one W. IT. Jacobs. 99 Wis. 547. A jury was waived.
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Appeal from a judgment of the circuit court for Dane 'county: E. Gf. Siebeckee, Circuit Judge.. This action was commenced to recover upon an undertaking given by the defendant upon an appeal to this court from a judgment in favor of the plaintiffs and against one W. IT. Jacobs. 99 Wis. 547. A jury was waived. This undertaking was conditioned that Jacobs should pay the costs >on the appeal, not exceeding $250, all damages the plaintiffs might sustain by reason of the stay of proceedings, the value of the use of the premises pending the appeal, and any deficiency on the sale, not exceeding…
1Opinion of the Court
The following opinion was filed March 20,1900:
BaRdeeN, J.
The plaintiffs are entitled to judgment, unless the defendant has been discharged by their dealings with Jacobs. Under the facts shown, the defendant is entitled to no greater rights than the Jacobses would have had in a direct controversy between them and plaintiffs. At the outset, therefore, it is important to determine the exact legal status of the parties under the stipulations mentioned. It is virtually conceded that the stipulation of December 13,1898, was nothing more than a mere option. Mrs, Jacobs was not hound by it, because…
2Cases cited12 opinions
- Richardson v. HardwickSupreme Court of the United States · 1882
- Gates v. ParmlyWisconsin Supreme Court · 1896
- Dodge v. HopkinsWisconsin Supreme Court · 1861
- Bostwick v. HessIllinois Supreme Court · 1875
- Borst v. SimpsonSupreme Court of Alabama · 1890
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3Cited by8 opinions
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- Anderson v. RiegelWisconsin Supreme Court · 1938
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