Jackson Milling Co. v. Scott
Wisconsin Supreme Court
Appeal from orders of the circuit court for Portage county r Chas. M. "Webb, Circuit Judge. J.P. Malicie petitioned the circuit court for Portage county, in an action that had proceeded to judgment in such court entitled as follows, to wit: Jackson Milling Company, plaintiff, v. A. Scott, defendant, setting forth in substance as follows: May 25, 1897, plaintiff obtained judgment in tbe county court of Portage county for $360.47 and costs against defendant A. Scott.
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Appeal from orders of the circuit court for Portage county r Chas. M. "Webb, Circuit Judge. J.P. Malicie petitioned the circuit court for Portage county, in an action that had proceeded to judgment in such court entitled as follows, to wit: Jackson Milling Company, plaintiff, v. A. Scott, defendant, setting forth in substance as follows: May 25, 1897, plaintiff obtained judgment in tbe county court of Portage county for $360.47 and costs against defendant A. Scott. May 26, 1897, sucb judgment was duly transcripted to tbe circuit court for sucb county. May 28, 1897, it was likewise…
1Opinion of the CourtMarshall, J.
If the petition is in accordance with the facts the judgment in this action has been paid and ought to have been satisfied. It is apparently a lien on the lands mentioned, breaching the covenant in appellant’s deed to Foxen, and while it is not a lien in fact, respondent will, if not prevented in some judicial proceedings, treat the apparent lien -as an actual incumbrance, necessarily, it would seem, to some extent prejudicing appellant. So although he is not a party to the action he is affected by the judgment, in that he is interested in having the facts established as to whether it has…
2Cases cited13 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Jackson v. KittleWest Virginia Supreme Court · 1890
- In the Matter of PhillipsNew York Court of Appeals · 1875
- City of Hartford v. ChipmanSupreme Court of Connecticut · 1852
- Stein v. BenedictWisconsin Supreme Court · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cressler v. BrownSupreme Court of Oklahoma · 1920
- Laun v. KippWisconsin Supreme Court · 1914
- Kingkade v. PlummerSupreme Court of Oklahoma · 1925
- Richman v. LighamSupreme Court of New Jersey · 1956
- Application of ClarkWisconsin Supreme Court · 1908
14 more not listed; retrieve them via the Exa API.