Bunn v. Valley Lumber Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Claire County. Action to enforce a lien for purchase money upon a quantity of saw-logs. The defendant was a purchaser from the original vendee. The circuit court submitted to a jury the question whether the defendant, at the time it purchased the' logs, had notice of the lien which the action was brought to enforce. The jury'failed to agree upon that question, and was discharged.
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APPEAL from the Circuit Court for Eau Claire County. Action to enforce a lien for purchase money upon a quantity of saw-logs. The defendant was a purchaser from the original vendee. The circuit court submitted to a jury the question whether the defendant, at the time it purchased the' logs, had notice of the lien which the action was brought to enforce. The jury'failed to agree upon that question, and was discharged. Thereupon the plaintiff moved the court to vacate the order submitting the question of notice to the jury, and to decide the issues as though no jury had been called. The court…
1Opinion of the Court
Cole, 0. <J.
At the outset it must be borne in mind that the circuit court had the power to vacate its order submitting to a jury the question whether the - defendant, when it purchased the logs, had actual notice of the hen which the. action was brought to enforce. The action was one in equity, consequently it was entirely competent for the circuit court to try ah the issues and determine ah the questions of law and fact without the intervention of a jury. If the court saw fit in its discretion to submit any question of fact to a jury, the verdict, when rendered, would be merely advisory, and…
2Cases cited5 opinions
- Carpenter v. ShepardsonWisconsin Supreme Court · 1877
- Hubbell v. McCourtWisconsin Supreme Court · 1878
- Hubbard v. Town of LyndonWisconsin Supreme Court · 1869
- Cottrill v. CramerWisconsin Supreme Court · 1879
- Warner v. Sauk County BankWisconsin Supreme Court · 1866
3Cited by6 opinions
- Estate of KesslerWisconsin Supreme Court · 1894
- Whereatt v. EllisWisconsin Supreme Court · 1887
- Mullen v. ReinigWisconsin Supreme Court · 1887
- Glover v. Wells & Mulrooney Grain Co.Wisconsin Supreme Court · 1896
- Colle v. Kewaunee, Green Bay & Western RailroadWisconsin Supreme Court · 1912
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