Whereatt v. Ellis
Wisconsin Supreme Court
' Appeal from a judgment of the circuit court for Eau Claire county: James O’Neill, Circuit Judge. The complaint stated all the material facts, covered by the findings filed by the court. Such findings were in substance as follows: June 25,1886, plaintiff recovered a judgment against defendant Ellis for $2,938.10 in the circuit court for Trempealeau county, Wisconsin.
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' Appeal from a judgment of the circuit court for Eau Claire county: James O’Neill, Circuit Judge. The complaint stated all the material facts, covered by the findings filed by the court. Such findings were in substance as follows: June 25,1886, plaintiff recovered a judgment against defendant Ellis for $2,938.10 in the circuit court for Trempealeau county, Wisconsin. Thereafter, on. motion of Ellis, he was permitted to answer the complaint, the judgment to stand, however, as security for plaintiff’s ultimate recovery. February 6,1892, thereafter, Ellis moved the court to dismiss plaintiff’s…
1Opinion of the CourtMabshall, J.
The first suggestion as regards why the judgment appealed from is wrong is that the bond was for the payment of the judgment rendered in the supreme court, not that rendered in the circuit court. Ve are unable to see any merit in that contention. The appeal bond for costs covered the only judgment that by any possibility could have been contemplated as a result that might be reached on the appeal. The only other judgment that could have been in the minds of the parties, as one that might be subsequently obtained, was that which plaintiff did obtain in the circuit court after the determination…
2Cases cited9 opinions
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- United States v. ArnoldU.S. Circuit Court for the District of Rhode Island · 1812
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- Burchfield v. HaffeySupreme Court of Kansas · 1885
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3Cited by12 opinions
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