Cardinal v. Eau Claire Lumber Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an appeal from an order overruling a demurrer to the complaint for want of jurisdiction.
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APPEAL from the Circuit Court for Chippewa County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an appeal from an order overruling a demurrer to the complaint for want of jurisdiction. The complaint alleges, in effect, that December 7, 1875, the defendant the Eau Claire Lumber Company obtained a judgment against this plaintiff and one Cyrille Cardinal in the circuit court for Eau Claire county, and the same was at that time docketed therein, for the sum of $52.48; that December 27,1888, a transcript of said judgment was filed in the office of the clerk of…
1Opinion of the CourtCassoday, J.
If the judgment was in fact paid in 1817, as alleged, the plaintiff had a perfect remedy by motion in the circuit court for Eau Claire county. The statutes contemplate record entries of all payments, satisfactions, assignments, restorations of liens, etc., in the court where the judgment was rendered. Secs. 2902-2904, 2906-2908, 2910-2913, R. S. One circuit court in this state„will not restrain the enforcement of a judgment, whether fo,r legal or equitable relief, rendered in another circuit court. Orient Ins. Co. v. Sloan, 70 Wis. 611. This is on the theory that each court must be allowed to…
2Cases cited5 opinions
- Coon v. SeymourWisconsin Supreme Court · 1888
- Orient Insurance Co. v. SloanWisconsin Supreme Court · 1888
- Endter v. LennonWisconsin Supreme Court · 1879
- Fenske v. KluenderWisconsin Supreme Court · 1884
- Parish v. MarvinWisconsin Supreme Court · 1862
3Cited by10 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Crowns v. Forest Land Co.Wisconsin Supreme Court · 1899
- Stein v. BenedictWisconsin Supreme Court · 1892
- In re Guardianship of KleinWisconsin Supreme Court · 1897
- Hawkeye Insurance v. HustonSupreme Court of Iowa · 1902
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