Johnson v. Huber
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Pierce county: A. J. Yinje, Judge. Judgment dismissing the complaint on sustaining a demurrer ore tenus, after receiving the evidence offered on both sides.
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Appeal from a judgment of the circuit court for Pierce county: A. J. Yinje, Judge. Judgment dismissing the complaint on sustaining a demurrer ore tenus, after receiving the evidence offered on both sides. From the complaint it appears that the defendant Huber had recovered a judgment in an action of slander against the plaintiff for about $600 damages and costs; that, after plaintiff here had made some effort toward appeal, and before time for appeal had expired, the parties, together with a brother-in-law of both, met and negotiated for a settlement, and an agreement was reached to accept…
1Opinion of the Court
Dod&e, J.
The objections raised to the complaint were absence of jurisdiction of the subject matter and the existence of an adequate remedy at law. They are supported in this court, and presumably were in the court below, by the contention that plaintiff might have obtained all the remedy sought in this action by a motion in the suit of Huber v. Johnson, where the court would have had power to grant such relief either by virtue of sec. 2911, Stats. 1898, or by virtue of the control inherent in courts over the enforcement of their own judgments. That contention might well be conceded without…
2Cases cited5 opinions
- Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
- Crowns v. Forest Land Co.Wisconsin Supreme Court · 1899
- Hoff v. OlsonWisconsin Supreme Court · 1898
- Felch v. LeeWisconsin Supreme Court · 1862
- Hooper v. SmithWisconsin Supreme Court · 1889
3Cited by9 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Boring v. OttWisconsin Supreme Court · 1909
- Balch v. BeachWisconsin Supreme Court · 1903
- Remington v. Eastern Railway Co. of MinnesotaWisconsin Supreme Court · 1901
- Uecker v. ThiedtWisconsin Supreme Court · 1907
4 more not listed; retrieve them via the Exa API.