Donahue v. Gunter
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kenosha county: JohN K. Papish, Judge. Michael <3-. O’Donnell obtained judgment against plaintiff in a tort action. In due course, the latter was arrested on an execution issued upon such judgment.
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Appeal from a judgment of the circuit court for Kenosha county: JohN K. Papish, Judge. Michael <3-. O’Donnell obtained judgment against plaintiff in a tort action. In due course, the latter was arrested on an execution issued upon such judgment. In such circumstances, he deposited with defendant, as sheriff, $325 to obtain a release; it being stipulated by the attorneys that the deposit should remain sixty days for plaintiff to file a satisfactory undertaking upon appeal to this court, and that, in case of such undertaking not being so filed, the deposit should be applied on the judgment, so…
1Opinion of the CourtMarshall, J.
This appeal is ruled in favor of the appellant on elementary principles of estoppel in pais and by the decision upon the former appeal, 142 Wis. 465, 125 N. W. 950. The condition upon which respondent was authorized to use the deposit in discharge of the judgment, instead of returning it to appellant, was “neglect or refusal” of the latter to file the undertaking within the stipulated *129■“sixty days.” It was respondent’s duty, as said upon the former occasion, before applying the money upon the judgment, to ascertain whether such contingency had happened. It was further said before:
“It cannot…
2Cases cited1 opinion
- Donahue v. GunterWisconsin Supreme Court · 1910