Guaranteed Investment Co. v. Van Metre
Wisconsin Supreme Court
' Appeal from an order of the circuit court for Oneida county: A. H. Reid, Circuit Judge. Ejectment for twelve parcels of land. The action is by a tax-title holder against the original owners. At the trial it was orally stipulated that the plaintiff’s tax titles were good as to six parcels and invalid as to the remaining six.
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' Appeal from an order of the circuit court for Oneida county: A. H. Reid, Circuit Judge. Ejectment for twelve parcels of land. The action is by a tax-title holder against the original owners. At the trial it was orally stipulated that the plaintiff’s tax titles were good as to six parcels and invalid as to the remaining six. On this stipulation, without the introduction of any evidence on tbe subject of title, tbe court entered an order for judgment March 27, 1912, fixing tbe amount of taxes and interest due tbe plaintiff on tbe six. invalid tax titles and requiring’ tbe deféndants to pay…
1DissentViNje, J.
I am unable to concur in the conclusion that an oral stipulation made in open court and upon which a judgment is based is by force of sec. 3 of Circuit Court Nule V not obligatory upon another trial. The *267rule referred to was not intended to apply to oral stipulations made in open court during tbe trial, taken down by tbe reporter and acted upon by tbe court, for it is well settled that statutes or rules of court requiring stipulations to be in writing, in order to bind tbe parties, do not apply to stipulations made in open court. Lewis v. Wilson, 151 U. S. 551, 14 Sup. Ct. 419, 38 L. ed. 267;…
2Cases cited10 opinions
- Prestwood v. WatsonSupreme Court of Alabama · 1895
- Lewis v. WilsonSupreme Court of the United States · 1894
- Savage v. BlanchardMassachusetts Supreme Judicial Court · 1889
- Hearne v. De YoungCalifornia Supreme Court · 1896
- Staples v. ParkerNew York Supreme Court · 1864
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