Endter v. Lennon
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. Wcehler, one of the defendants herein, having recovered in said circuit court judgment of foreclosure of a mortgage executed to him by one Mary Manger, purchased the premises at the foreclosure sale, and on the same day took a sheriff’s deed thereof.
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APPEAL from the Circuit Court for Outagamie County. Wcehler, one of the defendants herein, having recovered in said circuit court judgment of foreclosure of a mortgage executed to him by one Mary Manger, purchased the premises at the foreclosure sale, and on the same day took a sheriff’s deed thereof. Possession having been demanded, by virtue of said deed, both from said Mary Manger and from Casper Endter, who was in occupation of the premises, and such demand having been refused, Wcehler sued out of said court a writ of assistance, directed to the present defendant Lennon as sheriff of said…
1Opinion of the Court
RyaN, O. J.
This case is governed by Platto v. Deuster, 22 Wis., 482. In that case, a suit in equity was commenced in one court to restrain the execution of a writ of assistance issued by another court of concurrent jurisdiction, in another suit in equity. Here a suit is brought to restrain the execution of a writ of assistance issued by the same court in another suit. The same principle governs both cases equally. One court of equity will not enjoin the process of another. One suit in equity will not lie to enjoin process issuing in another. The objection is fatal, whether the second suit be…
2Cases cited1 opinion
- Platto v. DeusterWisconsin Supreme Court · 1868
3Cited by11 opinions
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- Stein v. BenedictWisconsin Supreme Court · 1892
- Jackson Milling Co. v. ScottWisconsin Supreme Court · 1907
- Coe v. ManseauWisconsin Supreme Court · 1885
- Orient Insurance Co. v. SloanWisconsin Supreme Court · 1888
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