Fenske v. Kluender
Wisconsin Supreme Court
APPEALS from the County Court of Milwaukee County. During the year 1880 the city of Milwaukee, by due proceedings, condemned to the public use lot 5, block 165, in the Second ward of that city, for the extension of a public park.
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APPEALS from the County Court of Milwaukee County. During the year 1880 the city of Milwaukee, by due proceedings, condemned to the public use lot 5, block 165, in the Second ward of that city, for the extension of a public park. Damages were awarded to the owner of the lot for such taking,— $3,400 for the ground, and $2,850 for the building thereon,— in all, $6,250. At that time the record title to such lot was in the defendant Louise Fenske, who was then, and still is, the wife of the plaintiff. Before the city had paid such damages an action wras brought in the circuit court by the…
1Opinion of the CourtLyon, J.
The original action of Kluender v. City of Milwaukee and Mrs. Fenske was brought in the circuit court to *607enforce an alleged resulting trust in the lot condemned by the city, and resulted in the establishment of such trust in fayor of the plaintiffs. It was, therefore, an action in equity. Had the present plaintiff been a party to that action, this would be an action to review and annul the judgment therein. A bill of review is in the nature of a writ of error, and its object is to procure an examination and alteration or reversal of a decree made upon a former bill. Story’s Eq. PL § 403. If…
2Cases cited1 opinion
- Parish v. MarvinWisconsin Supreme Court · 1862
3Cited by8 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Crowns v. Forest Land Co.Wisconsin Supreme Court · 1899
- Orient Insurance Co. v. SloanWisconsin Supreme Court · 1888
- Cardinal v. Eau Claire Lumber Co.Wisconsin Supreme Court · 1890
- Mathias v. MathiasIllinois Supreme Court · 1903
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