Legal Opinion

Parmalee v. Wheeler

Wisconsin Supreme Court

Decided January 15, 1873PublishedCited by 10 opinions

APPEAL from tbe County Court of Milwaukee County. Tbe case is stated in tbe opinion. There was a motion by tbe respondent to dismiss the appeal, which was beard at the same time as tbe argument upon tbe merits. argued that a decree in favor of tbe defendants in their equity suit in the district court of Colorado would not avail them as against Parmalee, the plaintiff in this action, because he was not a party to that suit.

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APPEAL from tbe County Court of Milwaukee County. Tbe case is stated in tbe opinion. There was a motion by tbe respondent to dismiss the appeal, which was beard at the same time as tbe argument upon tbe merits. argued that a decree in favor of tbe defendants in their equity suit in the district court of Colorado would not avail them as against Parmalee, the plaintiff in this action, because he was not a party to that suit. King v. The Chancellor, 1 Strange, 557; Queen v. Saddler Co., 10 House of Lords Cases, 404'; Queen v. Smith, 48 E. C. L., 613; Bonaher v. Fvans, 71 id., 170; Ex parte…

1Opinion of the CourtDixON, C. J.

The plaintiff has appealed from an order of the court below, made on motion of the defendant Wheeler, staying all proceedings in this action until the action mentioned in the motion papers, and which is pending in the district court *432of the second judicial district of the territory of Colorado, shall have been determined, and until twenty days after a final judg,ment or decree shall have been made or entered in said last mentioned action. One of the objects of the action instituted and pending in the court of the territory of Colorado is, to vacate and set aside, or adjudge and decree…

2Cases cited2 opinions

  1. Johnston v. ReileyWisconsin Supreme Court · 1869
  2. Wilson v. JarvisWisconsin Supreme Court · 1865

3Cited by10 opinions

  1. In re PhelanWisconsin Supreme Court · 1937
  2. Ætna Insurance v. AldrichWisconsin Supreme Court · 1875
  3. Jarstadt v. MorganWisconsin Supreme Court · 1880
  4. Felt v. AmidonWisconsin Supreme Court · 1879
  5. Allison v. ManzkeWisconsin Supreme Court · 1903

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