Legal Opinion

Woodward v. Hill

Wisconsin Supreme Court

Decided July 1, 1858PublishedCited by 8 opinions

APPEAL EROM DANE CIRCUIT COURT. The declaration or complaint in this case alleges “ that the said plaintiff, heretofore, to-wit: on the twenty-seventh day of February, in the year one thousand eight hundred and fifty-five, at the county of Dane aforesaid, paid and delivered to the said defendant the sum of two hundred dollars and fifty cents, then and there by the said defendant to be received, used and applied towards and upon the payment of the principal sum and interest…

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APPEAL EROM DANE CIRCUIT COURT. The declaration or complaint in this case alleges “ that the said plaintiff, heretofore, to-wit: on the twenty-seventh day of February, in the year one thousand eight hundred and fifty-five, at the county of Dane aforesaid, paid and delivered to the said defendant the sum of two hundred dollars and fifty cents, then and there by the said defendant to be received, used and applied towards and upon the payment of the principal sum and interest thereon accrued, mentioned in the condition of a certain bond, which said bond was executed under the hand and seal of…

1Opinion of the Court

*148 By the Oow%

Smith, J.

-Every principle of equity, and. every suggestion of honesty and fair dealing, require that the judgment of the Circuit Court should be affmned, unless there is some stern rule of law which forbids it. It is admitted that this cannot be done, if by'so doing, the judgment or decree in the former suit will be thereby impeached; for no rule of law is better settled than that the judgment of a court of competent jurisdiction is final and conclusive upon the rights of the parties, touching the subject matters of the suit, and that the same cannot be impeached collaterally, or…

2Cases cited5 opinions

  1. Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
  2. Loring v. MansfieldMassachusetts Supreme Judicial Court · 1821
  3. Rowe v. SmithMassachusetts Supreme Judicial Court · 1820
  4. Cook v. MoseleyNew York Supreme Court · 1835
  5. Judaii v. BrandonIndiana Supreme Court · 1841

3Cited by8 opinions

  1. Kiewert v. RindskopfWisconsin Supreme Court · 1879
  2. Town of Fox Lake v. President of Fox LakeWisconsin Supreme Court · 1885
  3. Heath v. FrackletonWisconsin Supreme Court · 1866
  4. Johnston v. Charles Abresch Co.Wisconsin Supreme Court · 1901
  5. Blewett v. McRaeWisconsin Supreme Court · 1894

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