Mann v. Rock Island Bank

APPEAL from the Circuit Court for Wisconsin.

The Rock Island Bank filed a bill in chancery in the Circuit Court below against one Mann and his wife, setting forth in a full and minute way its history of certain irregular transactions by Mann, as agent and cashier of the bank, which he had been, at one time, though he had ceased to be so several years previous to the filing of the bill. The bill charged that Mann had defrauded the bank of $20,000, and that the money itself, or the property in which it had been invested, had been converted into certain real estate, the legal title of which then stood in the name of his wife, and it prayed for a decree against Mann for the $20,000, with interest, and against him and his wife, that the real estate might be subjected to the payment of the debt.

The defendants answered with similar fulness and minuteness, and issue was joined; the questions involved being questions of pure fact without any question of law whatever. Much testimony was taken, and a decree rendered that Mann was liable for the money, and that the real estate should be sold to pay it. This decree was carried into effect by a sale of the property, and about four years after the defendants prayed an appeal to this court. The case was accordingly brought here: the transcript of the record filling a volume of not far from two hundred closely-printed pages.

Mr. Thomas Wilson, for the appellant.

No counsel appeared for the bank; which apparently considered the appeal as made without hopes of reversal.

Mr. Justice MILLER delivered the opinion of the court.