Donahue v. Gunter
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kenosha county: E. E. Belden, Circuit Judge. On January 7, 1909, one M. G. O’Donnell obtained a judgment in a tort action against tbe plaintiff for $283.18 damages and costs. On January 12, 1909, execution'was issued on said judgment, which was returned unsatisfied on the 22d. On January 23d execution was issued against the body of the plaintiff and he was arrested by the defendant, who was the sheriff of Kenosha county.
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Appeal from a judgment of the circuit court for Kenosha county: E. E. Belden, Circuit Judge. On January 7, 1909, one M. G. O’Donnell obtained a judgment in a tort action against tbe plaintiff for $283.18 damages and costs. On January 12, 1909, execution'was issued on said judgment, which was returned unsatisfied on the 22d. On January 23d execution was issued against the body of the plaintiff and he was arrested by the defendant, who was the sheriff of Kenosha county. Thereupon the following stipulation was signed by the attorneys for the respective parties: “It is hereby stipulated and…
1Opinion of the CourtBabNbs, J.
The practice pursued in this case, to say the least, was irregular. After the case was at issue, but before it was reached for trial, the defendant moved the court to dismiss the action and the motion was granted. The complaint clearly states a cause of action, and unless some proof was offered or some admissions were made on the hearing of the motion it should have been denied. No bill of exceptions was settled in the case, so that all we have before us are the pleadings, the decision of the court, and the judgment. The recitals of fact in the decision and judgment we must *468assume to be true,…
2Cases cited1 opinion
- Case v. BeyerWisconsin Supreme Court · 1910
3Cited by1 opinion
- Donahue v. GunterWisconsin Supreme Court · 1912