Hughes v. Libby

This appeal was heard at a former term. Hughes v. Libby, 41 Wis., 469. But as the record then stood, the question argued did not appear to arise, and was not decided. It turned out, however, that the point on which the decision went, rested upon a clerical error in the return. The parties therefore vacated the former judgment, and had the record remitted for correction. And the appeal was placed upon the calendar for argument on the merits, upon an amended return, a.t the present term.

When it was heard before, the appeal was argued by coun*640sel for the appellant, and submitted for the…