Hagerty v. White
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. The following statement of the case was prepared by Mr. Justice Oassoday: This is an action for the dissolution of an alleged copart-nership, and an accounting and receiver. The defendants answered jointly, taking issue with portions of the complaint, and setting out in Ml the writings between the parties.
Read the full summary
APPEAL from the Circuit Court for Brown County. The following statement of the case was prepared by Mr. Justice Oassoday: This is an action for the dissolution of an alleged copart-nership, and an accounting and receiver. The defendants answered jointly, taking issue with portions of the complaint, and setting out in Ml the writings between the parties. After the trial, and on March 10, 1887, the court in effect found, as matters of fact —(1) That November 18, 1885, the plaintiff and the defendant Maggie White made and executed the written instrument set out verbatim in the answer,'to the…
1Opinion of the CourtCassoday, J.
The findings of fact seem to be well supported by the evidence. At the close of the testimony on the part of the defendants, the plaintiff attempted to show the condition of the livery stock when the defendants took possession, and'its condition at the time of the trial, but the court refused to allow him to do so, and error is assigned for such ruling. The proposed testimony, if admissible, should have been given as a part of the .plaintiff’s original case. Some such testimony was in fact given by the plaintiff before resting his case. To have allowed him to give in evidence the proposed…
2Cases cited3 opinions
- Winner v. HoytWisconsin Supreme Court · 1886
- Herbst v. LoweWisconsin Supreme Court · 1886
- Mills v. Evansville SeminaryWisconsin Supreme Court · 1879
3Cited by3 opinions
- Kerr v. LunsfordWest Virginia Supreme Court · 1888
- Maginnis v. Knickerbocker Ice Co.Wisconsin Supreme Court · 1901
- McCreary v. GewinnerSupreme Court of Georgia · 1898