Zohrlaut v. Mengelberg
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. This action was brought to restrain tbe collection of a former judgment obtained by defendant against plaintiff in an action between tbe parties to this suit, on tbe ground that tbe written agreement upon which tbe former judgment was entered was not the agreement of tbe parties, and that upon tbe agreement made tbe defendant was not entitled to any judgment against tbe plaintiff.
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Appeal from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. This action was brought to restrain tbe collection of a former judgment obtained by defendant against plaintiff in an action between tbe parties to this suit, on tbe ground that tbe written agreement upon which tbe former judgment was entered was not the agreement of tbe parties, and that upon tbe agreement made tbe defendant was not entitled to any judgment against tbe plaintiff. Tbe former action was brought by tbe plaintiff bere against tbe defendant bere, and tbe defendant counterclaimed and…
1Dissent 1
The appellant moved for a rehearing. The respondent moved for a modification of the mandate and for a rehearing on the question whether the judgment appealed from should not be affirmed in its entirety instead of as modified. The motions were denied, and the following opinion was filed, ■ October 27, 1914:
2Dissent · KeuwinKeuwin, J.
A motion in this case was made here to amend the mandate so as to affirm the whole judgment of the court below.
I am of opinion that the motion should be granted. I think the orders of the court below overruling the demurrer to the complaint and ordering the enforcement of the whole judgment…
3Cases cited10 opinions
- Hoge v. NortonSupreme Court of Kansas · 1879
- Demarest v. . DargNew York Court of Appeals · 1865
- Gibson v. . Nat'l Park Bk. of N.Y.New York Court of Appeals · 1885
- Cothren v. ConnaughtonWisconsin Supreme Court · 1869
- Day v. MertlockWisconsin Supreme Court · 1894
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