Legal Opinion

McLennan v. Prentice

Wisconsin Supreme Court

Decided June 21, 1893PublishedCited by 44 opinions

APPEAL from the Circuit Court for Ashland County. This case was before this court on an appeal by the plaintiff from a judgment rendered against him on the merits (77 "Wis. 124), which was reversed with directions to the circuit court, in its discretion, to grant a new trial upon cause shown of all the issues instead of rendering judgment for the plaintiff for the amount of his claim to which he was entitled upon the facts as they then appeared.

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APPEAL from the Circuit Court for Ashland County. This case was before this court on an appeal by the plaintiff from a judgment rendered against him on the merits (77 "Wis. 124), which was reversed with directions to the circuit court, in its discretion, to grant a new trial upon cause shown of all the issues instead of rendering judgment for the plaintiff for the amount of his claim to which he was entitled upon the facts as they then appeared. Subsequently the circuit-eourt granted a new trial pursuant to the right so reserved to it. The case is stated in 77 Wis. 124. It appeared upon the…

1Opinion of the CourtPiNNEY, J.

1. It was found that when the defendant executed the conveyance to the plaintiff in question he owned water lots 4 and 5 in block 23; and it was proved that he afterwards, on December 13, 1887, acquired title to lot 1, part of which was on the bank and hard land, and the rest under shoal water of the bay, and also apparent title to lot 6, lying out beyond lots 4 and 5 and extending to or towards *432navigable water. This was many months before the plaintiff attempted to rescind the sale. The evidence shows that he was satisfied with block 23 at the time the arrangement of July, 1887, was made,…

2Cases cited33 opinions

  1. Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
  2. Yates v. MilwaukeeSupreme Court of the United States · 1871
  3. Diedrich v. Northwestern Union Railway Co.Wisconsin Supreme Court · 1877
  4. Abbott v. AllenNew York Court of Chancery · 1817
  5. Kutz v. McCuneWisconsin Supreme Court · 1868

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3Cited by44 opinions

  1. Muench v. Public Service CommissionWisconsin Supreme Court · 1952
  2. Hilt v. WeberMichigan Supreme Court · 1930
  3. Illinois Steel Co. v. BilotWisconsin Supreme Court · 1901
  4. State v. KorrerSupreme Court of Minnesota · 1914
  5. State v. JackmanWisconsin Supreme Court · 1973

39 more not listed; retrieve them via the Exa API.

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