Corwith v. State Bank of Illinois
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for La Fayette. County. Tbe State Bank of Illinois moved tbe circuit court, at tbe October term, 1858, to set aside certain sales of real estate made to Gorwith, upon executions issued on a judgment in that court in bis favor against tbe Bank, upon tbe ground that tbe judgment bad, after tbe sales were made, been reversed by tbe supreme court; and upon tbe ground also, that tbe executions upon which tbe sales were made, were without tbe seal of…
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APPEAL from tbe Circuit Court for La Fayette. County. Tbe State Bank of Illinois moved tbe circuit court, at tbe October term, 1858, to set aside certain sales of real estate made to Gorwith, upon executions issued on a judgment in that court in bis favor against tbe Bank, upon tbe ground that tbe judgment bad, after tbe sales were made, been reversed by tbe supreme court; and upon tbe ground also, that tbe executions upon which tbe sales were made, were without tbe seal of tbe court, and were therefore void. Prior to this motion, tbe court, on motion of Gorwith, had ordered the clerk to…
1Opinion of the Court
By the Court,
DixoN, C. J.
The first motion was denied for irregularity in the moving papers. The defendant did not comply with the rules of the court, and for that reason the merits were not investigated. 8 Wis., 376. At the time of our former decision (11 Wis., 430), that case was unreported, and the manuscript opinion not within our reach. The present members of the court were, consequently, unaware of the ground upon which the decision was placed. We are now of opinion that the denial of the motion is not a bar to the present application. It is like a judgment of non-suit, or the abatement…
2Cases cited2 opinions
- Corwith v. State BankWisconsin Supreme Court · 1860
- Corwith v. State Bank of IllinoisWisconsin Supreme Court · 1859
3Cited by9 opinions
- Corwith v. State Bank of IllinoisWisconsin Supreme Court · 1864
- Singly v. WarrenWashington Supreme Court · 1898
- Hubbard v. OgdenSupreme Court of Kansas · 1879
- Collins v. SmithWisconsin Supreme Court · 1883
- Prince v. MottmanWashington Supreme Court · 1915
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