Barber v. Rukeyser
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action to restrain the collection of a judgment at law previously rendered in the same court in favor of the present defendant, Adolph Rukeyser, against Bcm'ber, the present plaintiff. Barber claimed, among other things, and introduced evidence to show, that the judgment was taken in violation of an oral agreement between the attorneys of the respective pai’ties.
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APPEAL from the County Court of Milwaukee County. Action to restrain the collection of a judgment at law previously rendered in the same court in favor of the present defendant, Adolph Rukeyser, against Bcm'ber, the present plaintiff. Barber claimed, among other things, and introduced evidence to show, that the judgment was taken in violation of an oral agreement between the attorneys of the respective pai’ties. The facts found by the court are substantially as follows: Two actions were brought successively, in justices’ courts, to recover possession of the same personal property/ the first…
1Opinion of the CourtCole, J.
The facts in this case, as proven on the trial and found by the court below, furnish no sufficient ground for granting the relief demanded in the complaint. In Stowell v. Eldred, 26 Wis., 504, this court said that the rule was well settled that a court of chancery would relieve against a judgment at law on the ground of its being contrary to equity, when the defendant in the judgment was ignorant of the fact in question pending the suit, or it could not have been received as a defense, or when he was prevented from availing himself of the defense by fraud or accident, or the acts of the…
2Cases cited1 opinion
- Stowell v. EldredWisconsin Supreme Court · 1870
3Cited by14 opinions
- Boring v. OttWisconsin Supreme Court · 1909
- Balch v. BeachWisconsin Supreme Court · 1903
- Crowns v. Forest Land Co.Wisconsin Supreme Court · 1899
- Tucker v. WhittleseyWisconsin Supreme Court · 1889
- Hiles v. MosherWisconsin Supreme Court · 1878
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