Puffer v. Welch
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee-county: WabbeN D. TabhaNt, Circuit Judge. ' Action to recover damages for fraudulently inducing the making of an option contract between the defendant White-Bode Mineral Bpring Oompany and its stockholders, particularly the defendant 'Welch, on one side, and persons named as defendants on the other, for the sale by the former to the latter-of the property of such corporation.
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Appeal from an order of the circuit court for Milwaukee-county: WabbeN D. TabhaNt, Circuit Judge. ' Action to recover damages for fraudulently inducing the making of an option contract between the defendant White-Bode Mineral Bpring Oompany and its stockholders, particularly the defendant 'Welch, on one side, and persons named as defendants on the other, for the sale by the former to the latter-of the property of such corporation. Plaintiffs, by purchase, became owners in severalty of a three-sevenths interest in the-contract. They claimed that Welch and the corporation misrepresented…
1Opinion of the CourtMabshall, J.
While it is true that an order discontinuing an action, practically puts an end thereto- as regards the plaintiff (Juneau Co. v. Hooker, 67 Wis. 322, 30 N. W. 357), yet it is doubtless competent for either side to have the litigation closed by a proper judgment, and it might have to be so closed in order to enable the defendant to enforce his right to costs.
So it is quite clear that, not only is it proper to enter a judgment of discontinuance, following an order granting a motion in that regard, but an appeal from such a judgment Would carry therewith to this court for review such an order as…
2Cases cited1 opinion
- Juneau County v. HookerWisconsin Supreme Court · 1886
3Cited by17 opinions
- Clancy v. Board of Fire & Police CommissionersWisconsin Supreme Court · 1912
- Puffer v. WelchWisconsin Supreme Court · 1911
- City of Madison v. TiedemanWisconsin Supreme Court · 1957
- Manns v. Marinette & Menominee Paper Co.Wisconsin Supreme Court · 1931
- Will of PattisonWisconsin Supreme Court · 1926
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