Ableman v. Roth
Wisconsin Supreme Court
APPEALS from tbe circuit court for Milwaukee county. These cases depended upon substantially tbe same state of facts, and were beard and decided together. Tbe principal case was as follows: Alleman and Ootton filed a bill in equity, in February, 1857, against Nelson Both,, Volkert W. Both, S. S. Oonover and one Donovan, to enjoin proceedings upon executions, which bad been issued upon a judgment in favor of tbe defendant, Nelson Both, against the complainants.
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APPEALS from tbe circuit court for Milwaukee county. These cases depended upon substantially tbe same state of facts, and were beard and decided together. Tbe principal case was as follows: Alleman and Ootton filed a bill in equity, in February, 1857, against Nelson Both,, Volkert W. Both, S. S. Oonover and one Donovan, to enjoin proceedings upon executions, which bad been issued upon a judgment in favor of tbe defendant, Nelson Both, against the complainants. Tbe bill states that on tbe 20th of December, 1855, Nelson Both, sued tbe complainants in an action of trover, in tbe ebeuit court for…
1Opinion of the Court
By the Court,
Dixon, O. J.
These three cases depend upon substantially the same state of facts, and may therefore be disposed of by one opinion. The views which we have taken, render it unnecessary for us to discuss or determine, whether or not courts of equity have concurrent jurisdiction with courts of law in granting new trials, in actions pending in courts of law. Admitting that they have the power to do so, and that they will exercise it in all cases where the courts of law, in which the actions were pending, would, if the applications had been to them; and admitting, also, that the bills…
2Cases cited2 opinions
- Secor v. WoodwardSupreme Court of Alabama · 1845
- Chambers v. HandleyCourt of Appeals of Kentucky · 1815
3Cited by23 opinions
- White v. CrowSupreme Court of the United States · 1884
- Warden v. Board of SupervisorsWisconsin Supreme Court · 1861
- Boring v. OttWisconsin Supreme Court · 1909
- Massachusetts Benefit Life Ass'n v. LohmillerCourt of Appeals for the Seventh Circuit · 1896
- Wilson v. ShipmanNebraska Supreme Court · 1892
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