Eastman v. Harteau
Wisconsin Supreme Court
APPEAL from, the Circuit Court for Brown County. This suit was commenced on the 4th of June, 1856, to recover the possession of lot No. 28, in the north ward of the city of Green Bay. The declaration was in the ordinary form in use before the enactment of the code. Plea, the general issue.
Read the full summary
APPEAL from, the Circuit Court for Brown County. This suit was commenced on the 4th of June, 1856, to recover the possession of lot No. 28, in the north ward of the city of Green Bay. The declaration was in the ordinary form in use before the enactment of the code. Plea, the general issue. The cause was once before in this court, and is reported in 6 Wis., 410, and came on again for trial, at the October term, 1858, in the Brown circuit court, when, by stipulation between the parties, the following facts were admitted. First. That on the 80th day of May, 1838, the réal estate described in the…
1Opinion of the Court
By the Court,
DixoN, C. J.
We have been strongly urged to overrule the former decision of this court in this case, as to the effect of the statute of Michigan in dispensing with the necessity of a scire facias in order to give any validity to the execution sale under which the respondent claims title. But whatever might be the opinion of the court as now constituted, upon that question, were it for the first time presented, we are not inclined to re-examine the decision already made, upon which there was a motion for re-hearing argued and overruled. The question arose under an old statute no…
2Cited by5 opinions
- French v. PeaseSupreme Court of Kansas · 1872
- Fulton v. State ex rel. MeinersWisconsin Supreme Court · 1899
- Parks v. NortonSupreme Court of Iowa · 1901
- Pacheco v. BeckCalifornia Supreme Court · 1877
- State ex rel. Turner v. Circuit Court for Ozaukee CountyWisconsin Supreme Court · 1888