Stowell v. Eldred
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The defendant Anson Eldred appealed from an order sustaining a demurrer to the answer. argued that a judgment which it is unconscionable to enforce, will be enjoined in equity, where the injured party could not avail himself of the facts in the suit at law. Dobson v. Pearce, 12 N. Y. 165; Reigal v. Wood, 1 Johns.
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APPEAL from the Circuit Court for Milwaukee County. The defendant Anson Eldred appealed from an order sustaining a demurrer to the answer. argued that a judgment which it is unconscionable to enforce, will be enjoined in equity, where the injured party could not avail himself of the facts in the suit at law. Dobson v. Pearce, 12 N. Y. 165; Reigal v. Wood, 1 Johns. Ch. 402 ; Duncan v. Lyon, 3 id 356; Pearce v. Olney, 20 Conn. 554; Story’s Conflict of Laws, § 609; Borden v. Fitch, 15 Johns. 121; Foster v. Wood, 6 Johns. Ch. 87; Simpson v. Hart, 1 id. 98; Ocean Ins. Co. v. Fields, 2 Story, 59,…
1Opinion of the CourtCole, J.
This is an appeal from an order sustaining a demurrer to the amended answer of the defendant Anson Eldred. The action is upon a judgment rendered in April, 1866, by the circuit court of Cook county, Illinois, for the sum of $11;680.14, in favor of the plaintiffs and against the defendants. The answer demurred to, alleges that said judgment was fraudulently obtained as to $6,503.84, and demands that for this amount the judgment should be enjoined. It is not denied but the answer must have the same effect given to it as a bill. in equity under the old practice to relieve against a judgment at…
2Cases cited2 opinions
- Merritt v. BaldwinWisconsin Supreme Court · 1858
- Renwick v. WilsonNew York Court of Chancery · 1822
3Cited by30 opinions
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- Boring v. OttWisconsin Supreme Court · 1909
- Hogg v. LinkIndiana Supreme Court · 1883
- Balch v. BeachWisconsin Supreme Court · 1903
- DeSota Coal Min. & Dev. Co. v. HillSupreme Court of Alabama · 1915
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