Eller v. Miller
Wisconsin Supreme Court
Appeal fpom an order of the circuit court for Milwaukee county: W. J. TueNee, Circuit Judge. The appeal is from an order vacating a temporary injunction.
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Appeal fpom an order of the circuit court for Milwaukee county: W. J. TueNee, Circuit Judge. The appeal is from an order vacating a temporary injunction. The temporary order was allowed on a verified complaint to the effect that the defendant, at the time of the commencement of this action, beld plaintiff’s judgment note for $9,000, upon wbicb $540 for interest bad been paid, and to which certain specified defenses and counterclaims existed, but, nevei*-theless, he was about to take judgment thereon, ignoring the payment and such defenses and counterclaims, and would do so unless prevented by…
1Opinion of the Court
Marshalt.,, J.
The claim is made that equity jurisdiction is invokable, generally, to restrain the enforcement of a judgment on cognovit, citing United Brethren Church v. Vadusen, 37 Wis. 54, and that, logically, it is available to prevent an unjust entry of such a judgment.
The learned counsel misapprehends the scope of United Brethren Church v. Vandusen. It is often found stated that a judgment on cognovit may be questioned in equity; that relief from injustice in such a case is not confined to such as may be obtained by motion in the proceedings, nor defenses to proceedings to enforce the…
2Cases cited7 opinions
- Brown v. ParkerWisconsin Supreme Court · 1871
- United Brethren Church v. VandusenWisconsin Supreme Court · 1875
- Blaikie v. GriswoldWisconsin Supreme Court · 1860
- Dilley v. Van WieWisconsin Supreme Court · 1858
- Second Ward Bank v. UpmanWisconsin Supreme Court · 1861
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