Rice v. Garnhart
Wisconsin Supreme Court
MOTION, in this court,'to offset a judgment for costs in defendant’s favor against a like judgment in plaintiff’s favor, rendered here on appeals in two cases between them. 34 Wis., 453, 470. [No brief on file], contended, 1. That a motion could not be made in this court affecting a judgment of the circuit court.
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MOTION, in this court,'to offset a judgment for costs in defendant’s favor against a like judgment in plaintiff’s favor, rendered here on appeals in two cases between them. 34 Wis., 453, 470. [No brief on file], contended, 1. That a motion could not be made in this court affecting a judgment of the circuit court. Taylor v. Williams, 14 Wis., 155. 2. That a setoff like that asked is a matter of equitable discretion, and where, before it is claimed, a third person has acquired a valid claim to the judgment sought to be extinguished, or a part of it, or an attorney has a valid lien for costs, of…
1Opinion of the CourtLyon, J.
Appeals in two cases'between these parties having been determined at the present term, one in favor of the plaintiff and the other in favor of the defendant, and judgment for costs having been duly entered pursuant to such determin'ation, the defendant now moves that the amount of the judgment in his favor be set off against the judgment in favor of the plaintiff.
In opposition to the motion the attorneys for the plaintiff have produced proof, that, before notice of this motion was given, the plaintiff duly assigned to them the judgment in his favor in part payment’for their services in the…
2Cases cited3 opinions
- Marshall v. . MeechNew York Court of Appeals · 1872
- Courtney v. McGavockWisconsin Supreme Court · 1869
- Howard v. Town of OsceolaWisconsin Supreme Court · 1868
3Cited by9 opinions
- Wurtzinger v. JacobsWisconsin Supreme Court · 1967
- Stanley v. BouckWisconsin Supreme Court · 1900
- Gauche v. MilbrathWisconsin Supreme Court · 1900
- Victor Gold & Silver Mining Co. v. National Bank of the RepublicUtah Supreme Court · 1898
- In RE MARRIAGE OF STASEY v. StaseyWisconsin Supreme Court · 1992
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