Parcher v. Dunbar
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wood county: Chas. M. Webb, Circuit Judge. This action was commenced by Nellie M. Guenther against the appellant and respondent, as defendants, for an accounting and a partition of lands described in the complaint. In April, 1900, Nellie M. Guenther and Dunbar and Parcher purchased a tract of timber land.
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Appeal from a judgment of the circuit court for Wood county: Chas. M. Webb, Circuit Judge. This action was commenced by Nellie M. Guenther against the appellant and respondent, as defendants, for an accounting and a partition of lands described in the complaint. In April, 1900, Nellie M. Guenther and Dunbar and Parcher purchased a tract of timber land. It was agreed that Nellie M. Guenther should have a one-third interest in these lands and the profits from the sales thereof upon payment of one third of the purchase money and one third of all moneys advanced in conducting the business…
1Opinion of the CourtSiebecker, J.
The important question controverted was whether appellant sold to respondent his interest in the three North Side Lumber Company notes. The errors assigned in the record are covered by a determination of this issue. It appears that the court had not determined any of the rights of the parties under the issues before this reference was made. The order of reference directs that the issue in the action be referred to the referee, “to take the testimony and state the account between the parties.” This reference clearly did not empower the referee to hear and try the whole issue, or that *404he should…
2Cases cited1 opinion
- Best v. PikeWisconsin Supreme Court · 1896
3Cited by1 opinion
- Wilt v. Neenah Cold Storage Co.Wisconsin Supreme Court · 1907